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TOSTE v. DURHAM & BATES AGENCIES, INC.

No. 28504-5-II.

67 P.3d 506 (2003)

116 Wash.App. 516

Ray and Linda TOSTE, husband and wife, Plaintiffs, v. DURHAM & BATES AGENCIES, INC., an Oregon Corporation, Defendant, and Durham & Bates Agencies, Inc., an Oregon Corporation, Respondent, v. Marine Insurance Managers, Inc., A Washington Corporation; Mimi International Corporation, an Illinois Corporation; Forrest V. Wilton, Jr. and Jane Doe Wilton, husband and wife, Appellants.

Court of Appeals of Washington, Division 2.

April 15, 2003.

Attorney(s) appearing for the Case

Tom Montgomery, Montgomery Scarp PLLC, Seattle, WA, for Appellant.

Matthew Turetsky, Schwabe Williamson & Wyatt, Seattle, WA, for Respondent.

SEINFELD, J.

This case involves cross claims by one defendant against another; both had previously settled with the plaintiff. Holding that RCW 4.22.060(2) abolished a settling defendant's liability for implied contractual indemnity claims, and further holding that the claims here were "simply an indirect attempt to obtain contribution,"1 we reverse the summary judgment.

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