J.H. BAXTER v. CENTRAL NAT. INS. CO.

No. 45839-6-I.

20 P.3d 967 (2001)

J.H. BAXTER & COMPANY, a California limited partnership, Appellant, v. CENTRAL NATIONAL INSURANCE COMPANY OF OMAHA, a Nebraska corporation; Certain Underwriters at Lloyd's of London, a foreign unincorporated Association; Employers Insurance of Wausau, a Wisconsin corporation; Employers' Surplus Lines Insurance Company, a foreign corporation; Fireman's Fund Indemnity Company, a New Jersey corporation; Fireman's Fund Insurance Company, a California corporation; Insurance Company of North America, a California corporation; Liberty Mutual Insurance Company, a Massachusetts corporation; North Star Reinsurance Corporation, a Delaware corporation; Pacific Indemnity Company a California corporation; Puritan Insurance Company, a Connecticut corporation; Royal Insurance Company, a Delaware corporation; and "The Seven Provinces" Insurance Company, Ltd., a foreign corporation, Respondents.

Court of Appeals of Washington, Division 1.

Publication Ordered April 9, 2001.


Attorney(s) appearing for the Case

Daniel Zariski & John Geyman, Seattle, for Appellant.

Michael O'Clair & Steven Soha, Seattle, Gilbert E. Mullen, Mount Vernon, Mary DeYoung, Seattle, Bryan Barber, San Francisco, CA, Kenneth Cusack, Seattle, Margaret Wetherald, Matthew Boyle & Catherine Doudnikoff, Thomas Adams, Mark Thorsrud & Patrick Paulich, Tyna Ek, Seattle, Donald McMillan, Santa Rosa, CA, Scott Wakefield, Seattle, for Respondents.


BECKER, A.C.J.

The question in this case is whether the trial court properly dismissed an insurance coverage lawsuit on the basis that California is a more convenient forum than Washington. The coverage demanded is for environmental liabilities incurred at wood treatment facilities located in Washington, Oregon, Wyoming and California. The greatest exposure for the insurers is from a facility located in California, and California...

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