MONY LIFE INS. CO. v. CISSNE FAMILY L.L.C.

No. 24037-1-III.

148 P.3d 1065 (2006)

MONY LIFE INSURANCE COMPANY, formerly known as The Mutual Life Insurance Company of New York, a New York corporation, Plaintiff, v. CISSNE FAMILY L.L.C., a Washington limited liability company; Riley J. Cissne and Lora L. Cissne, a/k/a Lora Heitstuman-Cissne, husband and wife; Terry Cissne, a married man dealing with his sole and separate property; CHS Inc., a Minnesota cooperative; Washington Mutual Bank, f/d/b/a Western Bank, a Washington Corporation; FIN-AG, INC., a South Dakota corporation; and Tater Time Potato Co., L.L.C., a Washington limited liability company, Defendants. CHS INC., a Minnesota corporation; and FIN-AG, INC., a South Dakota corporation, Respondents, v. CISSTAR, LLC, a Washington Limited Liability Company, Appellant.

Court of Appeals of Washington, Division 3.

November 14, 2006.


Attorney(s) appearing for the Case

Bryce James Wilcox, Attorney at Law, Michael D. Franklin, Attorney at Law, Spokane, WA, for Appellant.

Charles R. Ekberg, Lane Powell PC, Seattle, WA, for Plaintiff.

Nels Arthur Hansen, Hansen Law Firm PLLC, Ephrata, WA, Paul H. Williams, Carlson Boyd & Bailey PLLC, Yakima, WA, for Defendants.

Michael Rex Tabler, Attorney at Law, Ephrata, WA, for Defendants/Respondents.


BROWN, J.

¶ 1 Fin-Ag, Inc., a wholly owned subsidiary of CHS, Inc. loaned money to Cisstar, LLC1 with Cisstar partly pledging its silage inventory as collateral. For still disputed reasons, Grayhawk Farms, LLC assumed Cisstar's contract with National Foods to buy product for silage. Fin-Ag notified Grayhawk's buyers of its security interest. When named as a co-defendant in this litigation, Fin-Ag, naming Grayhawk, successfully requested...

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