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BORDEAUX, INC. v. AMERICAN SAFETY INS. CO.

No. 59947-0-I.

186 P.3d 1188 (2008)

BORDEAUX, INC., a Washington corporation; and Cameray, Inc., a Washington corporation, Respondents, v. AMERICAN SAFETY INSURANCE COMPANY, a Delaware corporation, Appellant.

Court of Appeals of Washington, Division 1.

July 7, 2008.

Attorney(s) appearing for the Case

A. Richard Dykstra, Stafford Frey Cooper, Seattle, WA, for Respondent.

Russell Charles Love, Mark Nels Thorsrud, Thorsrud Cane & Paulich, Seattle, WA, for Appellant.

AGID, J.

¶ 1 This case concerns the nature of "self insured retention" (SIR) provisions in the commercial general liability policies American Safety Insurance Company (American Safety) issued to condominium developers Bordeaux, Inc. (Bordeaux), and Cameray, Inc. (Cameray). Because the SIRs were not "insurance" in any traditional sense, the trial court properly ruled that they were not primary insurance for purposes of subrogation and the developers were entitled...

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