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AMERICAN STATES INS. CO. v. RANCHO SAN MARCOS PROPERTIES, LLC

No. 22588-7-III.

97 P.3d 775 (2004)

AMERICAN STATES INSURANCE COMPANY, a Washington Corporation, Appellant, v. RANCHO SAN MARCOS PROPERTIES, LLC, a California Limited Liability Company, Defendant, Wells Fargo Bank, National Association, not individually but solely in its capacity as Special Server for LaSalle Bank National Association (p/k/a Lasalle National Bank), as Trustee for LB Commercial Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Series 1998-C4, Respondent.

Court of Appeals of Washington, Division 3, Panel Eight.

September 16, 2004.

Attorney(s) appearing for the Case

James Richard Murray, Seattle, WA, for Appellant.

Rory W. Leid, Eric Jay Neal, Cole, Lether, Wathen & Leid PC, Seattle, WA, for Respondent.

SWEENEY, A.C.J.

This is an insurance coverage dispute. The policy here covered "arson" losses but excluded property losses caused by "vandalism." The insurer denied coverage. It asserted that this arson fire was the result of vandalism and therefore excluded from coverage. The insured urges that a fire loss caused by arson is not "vandalism." We agree that a fire caused by arson is not excluded as vandalism. We therefore affirm the trial judge's summary judgment in...

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