TRUCK INS. EXCHANGE v. VANPORT HOMES, INC.

No. 70747-2.

58 P.3d 276 (2002)

147 Wash.2d 751

TRUCK INSURANCE EXCHANGE, Petitioner, v. VANPORT HOMES, INC., Robert Bogle, Dwane D. Bogle, Ellen Bogle, George Allison, Steve Burgen, Linda Burgen, Jeffery J. Fandell, Frances Fandell, Charles Gutweinger, Lee Gutweinger, Otto Allison, and Michelle Allison, Respondents.

Supreme Court of Washington, En Banc.

Decided November 21, 2002.


Attorney(s) appearing for the Case

Burgess Fitzer P.S., Timothy Gosselin, Tacoma, for Petitioner.

Morse & Bratt, William Robison, Ben Shafton, Landerholm Memovich Lansverk & Whitesides, Zachary H. Stoumbos, Jean M. McCoy, Stoel Rives Boley Jones & Grey, Louis Ferreira, Donald Courser, Vancouver, for Respondents.

Bryan Harnetiaux, Spokane, Debra Stephens, Amicus Curiae on Behalf of Washington State Trial Lawyers Association Foundation.


CHAMBERS, J.

We are asked to determine whether policy provisions relieve an insurer of the duty of providing coverage. However, because Truck Insurance Exchange breached its duty to defend in bad faith, we hold that it is estopped from denying coverage. The insurer further argues that in order to establish damages the insured must prove that its settlements with claimants were reasonable. We hold that where an insurer acts...

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