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PORT OF SEATTLE v. LEXINGTON INS. CO.

No. 49640-9-I.

48 P.3d 334 (2002)

111 Wash.App. 901

PORT OF SEATTLE, a Washington municipal corporation, Appellant, v. LEXINGTON INSURANCE COMPANY, a Delaware corporation; Continental Insurance Company, a New Hampshire corporation; Hartford Fire Insurance Company, a Connecticut corporation; Insurance Company of the West, a California corporation; Travelers Indemnity Company of Illinois, an Illinois corporation; Underwriters at Lloyd, London, Including the Underwriting Names Participating in the Syndicate (and not London Market Companies) subscribing to Certificate No. PW960002, a foreign syndicate; and Unigard Insurance Company, a Washington corporation, Respondents.

Court of Appeals of Washington, Division 1.

May 28, 2002.

Attorney(s) appearing for the Case

Dale L. Kingman (Argued), James E. Horne, Michael Ricketts, Peery Hiscock Pierson Kingman & Peabody, Seattle, for Appellant.

Jerrett E. Sale, Deborah L. Carstens, Bullivant Houser Bailey PC, Seattle, Douglas D. Houser, Bullivant Houser Bailey, Portland, OR, Michael K. McCormack, Seattle, Alan R. Miller (Argued), Robins Kaplan Miller & Ciresi L.L.P., Boston, MA, Richard C. Bennett, Cozen & O'Connor, Philadelphia, PA, Thomas M. Jones, Janice Sue Wang, Cozen & O'Connor, Seattle, Terrence L. Fredrickson, Leary, Franke & Doppert Pllc, Seattle, Kenneth W. Erickson, Ropes & Gray, Boston, MA, for Respondents.

AGID, J.

The Port of Seattle (Port) appeals from two orders dismissing its action to recover insurance proceeds against its 1997 and 1998 insurers for the expenses it incurred upgrading its computer systems to avoid Year 2000(Y2K) date recognition problems at the turn of the century. At issue is whether the Port timely filed its suit and whether the policies under which it sued covered its Y2K-related expenses. Because the...

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