MUTUAL OF ENUMCLAW INS. CO. v. T & G CONST., INC.

Nos. 56144-8-I, 57679-8-I.

199 P.3d 984 (2007)

137 Wash.App. 1055

MUTUAL OF ENUMCLAW INSURANCE COMPANY, Intervenor/Appellant, v. T & G CONSTRUCTION, INC., and Villas at Harbour Pointe Owners Association, Respondents.

Court of Appeals of Washington, Division 1.

April 2, 2007.


Attorney(s) appearing for the Case

James Morton Beecher, Brent William Beecher, Law Offices of Hackett, Beecher, & Hart, Seattle, WA, for Intervenor/Appellant.

Daniel Eli Zimberoff, Dina J. Wong, Barker Martin PS, Seattle, WA, for Respondents.


SCHINDLER, A.C.J.

¶ 1 Absent bad faith, the court's determination that a stipulated covenant judgment settlement agreement between an insured and the claimant is reasonable does not prevent an insurer in a declaratory judgment action from contesting coverage and its obligation to indemnify the insured. In this declaratory judgment action, the trial court erroneously relied on the findings and conclusions from the reasonableness hearing in ruling that Mutual of...

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