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ATLANTIC CAS. INS. v. OREGON MUT. INS.

No. 33733-9-II.

153 P.3d 211 (2007)

ATLANTIC CASUALTY INSURANCE COMPANY, a foreign corporation, Respondent, v. OREGON MUTUAL INSURANCE COMPANY, a foreign corporation; Petitioner, Gordon and Audrey Chase, husband and wife; and Benjamin and "Jane Doe" Starkweather, husband and wife, Defendants.

Court of Appeals of Washington, Division 2.

February 13, 2007.

Attorney(s) appearing for the Case

Gary A. Sparling, Soha & Lang PS, Seattle, WA, for Petitioner.

Gregory Brian Curwen, Mark J. Dynan, Gierke Curwen Metzler & Erie PS, Donald Louis Anderson, Attorney at Law, Tacoma, WA, for Respondent.

BRIDGEWATER, P.J.

¶ 1 This case presents a narrow legal question about whether the trial court should have granted summary judgment under the priority of action rule. Oregon Mutual Insurance Company (OMI) filed a garnishment action seeking to establish that Atlantic Casualty Insurance Company's (Atlantic) insurance policy covered Starkweather Roofing. Eight months after OMI filed the writ of garnishment, Atlantic filed a declaratory judgment seeking to establish...

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