KIM v. LEE

No. 70347-7.

31 P.3d 665 (2001)

Hu Hyun KIM, Petitioner. v. Stanley LEE and Jane Doe Lee, Defendants, Yakima County Title Company d/b/a Yakima Title & Escrow, Respondent.

Supreme Court of Washington, En Banc.

Decided September 20, 2001.


Attorney(s) appearing for the Case

Edwards, Sieh, Smith & Goodfriend, Howard Mark Goodfriend, Seattle, Chae & Associates, Nancy McKenney Allo, Kent, for Petitioner.

Michael Frederick Shinn, Yakima, for Respondent.


IRELAND, J.

This is a discretionary review of a Court of Appeals' decision which granted Yakima Title & Escrow Company first lienholder position, through the doctrine of equitable subrogation, over a prior perfected judgment creditor. We hold under the facts of this case that the title insurer should not avoid liability through the doctrine of equitable subrogation because the title insurer had actual knowledge of a prior judgment lien and failed to

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