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MUTUAL OF ENUMCLAW, INS. CO. v. DAN PAULSON CONST., INC.

No. 55342-9-I.

134 P.3d 240 (2006)

MUTUAL OF ENUMCLAW INSURANCE COMPANY, Appellant/Cross-Respondent, v. DAN PAULSON CONSTRUCTION, INC., a Washington corporation, Karen and Joseph Martinelli, and the marital Community composed thereof, Respondents/Cross-Appellants.

Court of Appeals of Washington, Division 1.

May 8, 2006.

Attorney(s) appearing for the Case

Brent Beecher, James Beecher, Hackett, Beecher & Hart, Seattle, K.C. Webster, Woodinville, for Appellant.

Robert Gould, Brian Waid, Law Offices of Robert B. Gould, Seattle, for Respondent.

BAKER, J.

¶ 1 This case arises from an arbitration claim brought by Joseph and Karen Martinelli against Dan Paulson Construction, Inc. (Paulson) for alleged construction defects in the Martinellis' home. Paulson's commercial liability insurance company, Mutual of Enumclaw (MOE), agreed to defend Paulson under a reservation of rights regarding coverage issues. Before Paulson and the Martinellis commenced arbitration, MOE filed a declaratory judgment action and...

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