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BELFOR USA GROUP, INC. v. THIEL

No. 79691-2.

160 P.3d 39 (2007)

BELFOR USA GROUP, INC., a Colorado Corporation, Respondent, v. Arthur THIEL and Shelley Thiel, and the marital community comprised thereof, Petitioners, v. Safeco Insurance Company of America, a corporation; Hartford Fire Insurance Company, a bonding company, Defendants.

Supreme Court of Washington, En Banc.

June 14, 2007.

Attorney(s) appearing for the Case

George Fearing, Kennewick, WA, for Petitioners.

West Harrison Campbell, Hoffman Hart & Wagner, Yakima, WA, for Defendants.

Stacey Fitzpatrick, Graff Murphy PLLC, Jerret E. Sale, Bullivant Houser Bailey PC, Seattle, WA, for Respondent.

PER CURIAM.

¶ 1 We consider here whether the Court of Appeals properly awarded attorney fees to Belfor USA Group, Inc., after Belfor succeeded in compelling arbitration under its contract with Arthur and Shelley Thiel. Concluding that fees are not contractually authorized at this stage of the proceedings, we reverse the attorney fees award.

¶ 2 The Theils hired Belfor to perform repairs to their damaged residence. They memorialized their agreement...

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