MUTUAL OF ENUMCLAW INS. CO. v. USF INS. CO.

No. 57866-9-I.

153 P.3d 877 (2007)

MUTUAL OF ENUMCLAW INSURANCE COMPANY and Commercial Underwriters Insurance Company, Appellants, v. USF INSURANCE COMPANY, Respondent.

Court of Appeals of Washington, Division 1.

February 26, 2007.


Attorney(s) appearing for the Case

James Morton Beecher, David R. Collins, Law Offices of Hackett, Beecher, & Hart, Seattle, Counsel for Appellants.

John Earl Lenker, Mikkelberg Broz Wells & Fryer, Seattle, Counsel for Respondents.


AGID, J.

¶ 1 This is an insurance contribution case brought by two settling insurers against a non-participating insurer to which the insured did not tender claims arising from construction defects litigation. We hold that when the insured assigns its rights against other potentially-liable entities to the settling insurers, they stand in the shoes of the insured and may pursue a claim against the non-participating insurer under the late tender rule adopted in...

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