HOLDEN v. FARMERS INS. CO. OF WASHINGTON

No. 59024-3-I.

175 P.3d 601 (2008)

Laura HOLDEN, Respondent, v. FARMERS INSURANCE COMPANY OF WASHINGTON, a domestic insurer; Farmers Insurance Group, a foreign insurer, Farmers Insurance Exchange, a foreign insurer; and all affiliated Farmers Insurance Companies and/or entities, Petitioners.

Court of Appeals of Washington, Division 1.

January 22, 2008.


Attorney(s) appearing for the Case

Bradley Jerome Moore, Stritmatter Kessler Whelan Coluccio, Seattle, WA, Garth L. Jones, Stritmatter Kessler Whelan Coluccio, Hoquiam, WA, for Respondent.

Danielle S. Fitzpatrick, Rogelio Omar Riojas, DLA Piper U.S. LLP, Seattle, WA, Jeffrey A. Rosenfeld, DLA Piper U.S. LLP, Los Angeles, CA, for Petitioners.


APPELWICK C.J.

¶ 1 This case presents a single question of law — does "actual cash value," defined as fair market value, include sales tax on all amounts claimed under a homeowner's insurance policy. The trial court determined that actual cash value includes sales tax and granted summary judgment in favor of Holden. Because an actual cash value clause acts only to indemnify the insured, we reverse and remand for entry of summary judgment for Farmers Insurance...

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