PUGET SOUND ENERGY, Respondent,
v.
CERTAIN UNDERWRITERS AT LLOYD'S, LONDON and Certain London Market Insurance Companies, Appellants,
American Motorist Insurance Company; Appalachian Insurance Company; Central National Insurance Company of Omaha; Continental Insurance Company; Granite State Insurance Company; Indemnity Insurance Company of North America; Safeco Insurance Company; Stonewall Insurance Company; Travelers Casualty & Surety Company; and Westport Insurance Corporation, Defendants,
Certain Underwriters at Lloyd's, London and Certain London Market Insurance Companies, Appellants,
v.
Associated Electric & Gas Insurance Services Limited (AEGIS), Respondent,
Great American Insurance Company; Pennsylvania Lumbermens Mutual Insurance Company; and Protective Insurance Company of Omaha, Third-Party Defendants.
Court of Appeals of Washington, Division 1.https://leagle.com/images/logo.png
May 30, 2006.
Publication Ordered July 14, 2006.
Attorney(s) appearing for the Case
Linda Blohm Clapham, Robert Leon Israel, Lane Powell PC, Seattle, WA, Kate Cutler, Paul J. Killion, Andrew K. Gordon, Hancock Rothert & Bunshoft, San Francisco, CA, for Appellant/Cross-Respondents Certain London Market Insurance Certain Underwriters at Lloyds, London.
Patrick Michael Paulich, Thorsrud Cane & Paulich, Seattle, WA, David M. Cassidy, Alan Rutkin, Rivkin Radler LLP, Uniondale, NY, for Respondent Associated Electric & Gas Insurance Svc's.
Lawrence Gottlieb, Betts Patterson Mines, P.S., Seattle, WA, for Respondent Pennsylvania Lumbermen's Mutual Insurance.
Jeffrey Tilden, Daniel Stephen Houser, Gordon Murray Tilden LLP, Seattle, WA, for Respondent/Cross-Appellants Puget Sound Energy.
Thomas Stephens James, Opus Law Group PLLC, Seattle, WA, for Amicus Curiae Complex Insurance Claims Litigation Assn.
Court of Appeals of Washington, Division 1.
GROSSE, J.
¶ 1 Under Weyerhaeuser Co. v. Commercial Union Ins., Co.1 and Puget Sound Energy v. ALBA Gen. Ins.,2 before a setoff is allowed, the non-settling insurer in an environmental cleanup litigation has the burden of proving that the insured has been made whole by its settlements with other insurers. Certain Underwriters at Lloyd's, London and Certain London Market Insurance Companies...
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