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AMERICAN SAFETY CASUALTY INS. CO. v. CITY OF OLYMPIA

No. 33446-1-II.

137 P.3d 865 (2006)

AMERICAN SAFETY CASUALTY INSURANCE COMPANY, a foreign corporation, Appellant, v. CITY OF OLYMPIA, Respondent.

Court of Appeals of Washington, Division 2.

June 27, 2006.

Attorney(s) appearing for the Case

Deborah Lynn Carstens, Jerret E. Sale, Bullivant Houser Bailey PC, Seattle, WA, for Appellant.

Athan Emmanuel Tramountanas, Thomas Harding Wolfendale, Preston Gates & Ellis LLP, Seattle, WA, for Respondent.

VAN DEREN, A.C.J.

¶ 1 American Safety Casualty Insurance Company (American Safety) appeals the trial court's ruling granting summary judgment in favor of the City of Olympia. American Safety acted as a surety for Katspan Inc. on a contract between the City and Katspan. It argues that the trial court erred because material issues of fact exist about (1) whether the City waived the contract's lawsuit and protest time limits...

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