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HOLLY MOUNTAIN RESOURCES, LTD. v. WESTPORT INS. CORP.

No. 30915-7-II.

104 P.3d 725 (2005)

HOLLY MOUNTAIN RESOURCES, LTD. and John and Vickie Zapel, husband and wife, Respondent, v. WESTPORT INSURANCE CORPORATION, a foreign insurer, Appellant.

Court of Appeals of Washington, Division Two.

January 11, 2005.

Attorney(s) appearing for the Case

Karen Southworth Weaver, Gary A. Sparling, Therese Marie Hansen, Soha & Lang PS, Seattle, WA, for Petitioner.

Matthew Bryan Edwards, Owens Davies PS, Olympia, WA, for Respondent.

HUNT, J.

Westport Insurance Corporation appeals the trial court's grant of partial summary judgment to its insured, Holly Mountain Resources, arising from a breach of contract and timber trespass lawsuit that Ahtanum Irrigation District (AID) filed against Holly Mountain, John Zapel, its president, and his wife, Vickie Zapel (Holly Mountain). Westport argues the trial court erred in ruling that Westport breached its duty...

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