AMERICAN STATES INS. CO. v. SYMES OF SILVERDALE, INC.

No. 72817-8.

78 P.3d 1266 (2003)

150 Wash.2d 462

AMERICAN STATES INSURANCE COMPANY, Respondent, v. SYMES OF SILVERDALE, INC. dba Symes Cigar Bar; Evergreen Restaurant Development, Inc., dba Symes Family Restaurant; of Port Orchard, Inc.; McKenzies of Puyallup Inc.; Thomas R. Lepre aka Lennie Lepre, Defendants, Kathryn Ellis (in the capacity as Bankruptcy Trustee), Petitioner.

Supreme Court of Washington, En Banc.

Decided November 6, 2003.


Attorney(s) appearing for the Case

Kennard Goodman, Seattle, for petitioner.

Clarke Bovingdon Cole Mills & Lether, Thomas Lether, Scott Collins, Seattle, for respondent.

Summit Law Group, Thomas James, Seattle, Wiley Rein & Fielding, Laura Foggan, Washington, DC, amicus curiae on behalf of Complex Ins. Claims Litigation.

Bryan Harnetiaux, Debra Stephens, Spokane, for amicus curiae on behalf of Wash. State Trial Lawyers Assoc.


SANDERS, J.

Petitioner Kathryn A. Ellis is bankruptcy trustee for debtor restaurant Symes of Silverdale, Inc. (Symes) whose president allegedly set fire to the premises. Trustee Ellis asks this court to reverse a Court of Appeals decision holding: (1) the exclusion of property insurance coverage for dishonest or criminal acts by the policyholder may be maintained against the policyholder's bankruptcy trustee's seeking benefits from insurer for arson loss and (2) a...

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