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TRI-CITY CONST. COUNCIL, INC. v. WESTFALL

No. 22835-5-III.

112 P.3d 558 (2005)

TRI-CITY CONSTRUCTION COUNCIL, INC., Appellant, v. Chris WESTFALL and Jane Doe Westfall, husband and wife, d/b/a Chris Westfall Drywall, Defendants, Colonial American Casualty & Surety, Bond No. LPM4040647, Respondent.

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

May 24, 2005.

Attorney(s) appearing for the Case

Terry E. Miller, Attorney at Law, Kennewick, WA, for Appellant.

Alexander A. Friedrich, Yusen & Friedrich, Seattle, WA, for Respondent.

SWEENEY, A.C.J.

¶ 1 Chris Westfall is a drywall contractor doing business as Chris Westfall Drywall. He participated in something called a "retrospective rating plan," which allowed employers to join together as a group to lower their industrial insurance claims and, if successful, to receive a retrospective premium refund. Former WAC 296-17-90403 (2000). He was a member of a group sponsored by the Tri-City Construction Council, Inc. (Council). If, however, the...

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