FLUKE CORP. v. HARTFORD ACC. & INDEM. CO.

No. 70519-4.

34 P.3d 809 (2001)

145 Wash.2d 137

FLUKE CORPORATION, a Washington corporation, Respondent, v. The HARTFORD ACCIDENT & INDEMNITY COMPANY, a foreign insurance corporation, Petitioner, Talon Instruments, Inc., a California corporation; and Robert E. Corby, Defendants.

Supreme Court of Washington, En Banc.

Decided November 21, 2001.


Attorney(s) appearing for the Case

Phillips & Webster, K.C. Webster, Woodinville, counsel for petitioner.

Danielson, Harrigan & Tollefson, G. Val Tollefson, Matthew Ryan Kenney, Randall Thor Thomsen, Seattle, counsel for respondent.

Linda Blohm Clapham, Robert Leon Israel, Pamela A. Okano, Seattle, amicus curiae on behalf of certain underwriters at Lloyds London, et al.

Craig Hinton Bennion, Thomas Martin Jones, Seattle, amicus curiae on behalf of American International Companies, et al.

Debra Stephens, Bryan P. Harnetiaux, Spokane, amicus curiae on behalf of Washington State Trial Lawyers Ass'n.

Charles Cooper Gordon, James Richard Murray, Jeffrey Iver Tilden, Christie Lynn Snyder, Seattle, amicus curiae on behalf of Costco Wholesale Corp., et al.

Forsberg & Umlauf, John Patrick Hayes, Seattle, counsel for defendant Talon Instruments Inc.


OWENS, J.

The Hartford Accident and Indemnity Company (Hartford) challenges the decision of the Court of Appeals that, under the terms of the Commercial General Liability (CGL) policy that Hartford sold to Fluke Corporation (Fluke), Hartford was obligated to pay both the compensatory and punitive damages that a California jury awarded against Fluke in a malicious prosecution action. In this declaratory judgment action, the trial court and the Court of Appeals concluded...

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