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OVERTON v. CONSOLIDATED INS. CO.

No. 70562-3.

38 P.3d 322 (2002)

Jerry OVERTON f/d/b/a Spokane Transformer Company; and Richard Boyce, Respondents, v. CONSOLIDATED INSURANCE COMPANY, an Indiana Corporation, Petitioner, and Industrial Indemnity Insurance Company of the Northwest, a Washington corporation, Defendant.

Supreme Court of Washington, En Banc.

Decided January 17, 2002.

Attorney(s) appearing for the Case

Wilson, Smith, Cochran, Dickerson, David Michael Jacobi, Seattle, for Indemnity Insurance Company.

Thorsrud, Cane & Paulich, Russell Charles Love, Seattle, for Petitioners.

Heller, Ehrman, White & McAuliffe, Michael Richard Wrenn, Seattle, for Plaintiff Boyce.

Witherspoon, Kelley, Davenport & Toole, R. Max Etter, Spokane, Heller, Ehrman, White & McAuliffe, John Matthew Geyman, Michael Richard Wrenn, Seattle, for Respondents.

SANDERS, J.

This proceeding arises out of two comprehensive general liability policies purchased on behalf of an electrical transformer manufacturing and repair business. After suit was commenced by the current owners of the site for contribution of cleanup costs under the Model Toxics Control Act, chapter 70.105D RCW, the insureds tendered defense to their insurers. When both insurers rejected the tender, the insureds sued, claiming breach of contract, bad faith...

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