POLYGON NORTHWEST CO. v. AMERICAN NAT. FIRE INS. CO.

No. 58173-2-I.

189 P.3d 777 (2008)

143 Wash.App. 753

POLYGON NORTHWEST COMPANY and Sammamish Pointe, LLC, Plaintiffs, v. AMERICAN NATIONAL FIRE INSURANCE COMPANY, a corporation, American States Insurance Company, a Washington corporation, Commercial Underwriters Insurance Company, a corporation; Safeco Insurance Company of America, a corporation; Transportation Insurance Co., a corporation; Truck Insurance Exchange, a corporation; Valley Insurance Company, a corporation; and Zurich NA, a corporation, Defendants, Great American Insurance Company, a corporation, Appellant, Assurance Company of America, a corporation, and Ohio Casualty Insurance Company, a corporation, Respondents.

Court of Appeals of Washington, Division 1.

April 7, 2008.


Attorney(s) appearing for the Case

Laurie Doran Kohli, Porter Kohli & LeMaster PS, Seattle, WA, Peter Whalen, Kathryn C. Ashton, Duane Morris LLP, San Francisco, CA, for Appellant/Cross-Respondent.

Jacquelyn A. Beatty, Attorney at Law, Irene Margret Hecht, Keller Rohrback LLP, Guy M. Bowman, Joseph D. Hampton, Catherine Elaine Pruett, Betts Patterson Mines PS, Seattle, WA, for Respondent/Cross-Appellant.


DWYER, J.

¶ 1 This appeal arises out of the equitable reapportionment of financial obligations arising from the settlement that ended a construction defect lawsuit against Polygon Northwest Company (Polygon), a property development company. Some insurers recognized their obligation to contribute financially to the cost of funding the settlement; another, Great American Insurance Company (Great American), refused to pay. Great American — an umbrella or...

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