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IUI v. ST. PAUL FIRE & MARINE INS. CO.

No. 51497-1-I.

87 P.3d 774 (2004)

INTERNATIONAL ULTIMATE, INC., Appellant, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, a foreign insurance corporation; Compagnie D'Assurance Maritimes Aeriennes et Terrestres, a foreign insurance corporation; Protector Insurance Co., Ltd, a foreign insurance corporation; Donna R. Zeller and John Doe Zeller, wife and husband and marital community composed thereof; Sea-Pac Insurance Managers, Inc., a Washington corporation, Respondents.

Court of Appeals of Washington, Division 1.

April 5, 2004.

Attorney(s) appearing for the Case

Gregory Mann Miller, Robert G. Nylander, Seattle, WA, Charles A. Kimbrough, Attorney at Law, Bellevue, WA, for Appellant.

Mark Edward Mills, Clarke Bovingdon Et Al, Seattle, WA, for Respondent Compagnie D'Assurance.

John Patrick Hayes, Kenneth M. Roessler, Seattle, WA, for Respondent St. Paul et al.

BAKER, J.

International Ultimate, Inc. (IUI) brought this suit after its insurers denied coverage for a fishing vessel and its cargo. IUI appeals the trial court's decision granting the defendants' summary judgment, arguing that its loss arose because of barratry—a covered peril. In the alternative, IUI claims that had its insurance broker obtained a war risk policy as directed, the amended policy would have covered...

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