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MOE INS. CO. v. DAN PAULSON CONST., INC.

No. 79027-2.

169 P.3d 1 (2007)

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

Supreme Court of Washington, En Banc.

Decided October 11, 2007.

Attorney(s) appearing for the Case

Robert B. Gould, Attorney at Law, Brian J. Waid, Law Office of Robert B. Gould, Seattle, WA, for Petitioners.

Brent William Beecher, James Morton Beecher, Law Offices of Hackett, Beecher, & Hart, Seattle, WA, K.C. Webster, Attorney at Law, Woodinville, WA, for Respondents.

Stewart Andrew Estes, Keating Bucklin & McCormack, Joseph D. Hampton, Daniel L. Syhre, Betts, Patterson & Mines, P.S., Russell Charles Love, Thorsrud Cane & Paulich, David Michael Jacobi, Wilson Smith Cochran Dickerson, Seattle, Amicus Curiae on behalf of Washington Defense Trial Lawyers.

Bryan Patrick Harnetiaux, Gary Neil Bloom, Harbaugh & Bloom, P.S., Spokane, Amicus Curiae on behalf of Washington State Trial Lawyers Association Foundation.

Julie M. Sund, Andrew C. Cook, Building Industry Association of Washington, Olympia, Amicus Curiae on behalf of Building Industry Association of Washington.

FAIRHURST, J.

¶ 1 Respondent/cross-petitioner Mutual of Enumclaw Insurance Company (MOE) defended its insured, petitioner/cross-respondent Dan Paulson Construction, Inc. (DPCI), against construction defect claims brought by petitioners/cross-respondents Karen and Joseph Martinelli (Martinellis). Shortly before the arbitration hearing on those claims, MOE subpoenaed the arbitrator, explaining in two ex parte letters to the arbitrator that it needed information...

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