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XIA v. PROBUILDERS SPECIALTY INS. CO.

No. 92436-8.

400 P.3d 1234 (2017)

188 Wn.2d 171

Zhaoyun XIA, a single person; Issaquah Highlands 48, LLC, a Washington limited liability company; Issaquah Highlands 50, LLC, a Washington limited liability company; Gottlieb Issaquah Highlands 48, LLC, a Washington limited liability company; and Gottlieb Issaquah Highlands 50, LLC, a Washington limited liability company, Petitioners, v. PROBUILDERS SPECIALTY INSURANCE COMPANY RRG, a foreign insurance company authorized to conduct business within the State of Washington; Olympic Advantage, Inc., a Washington corporation; Treacy Duerfeldt and Jane Doe Duerfeldt, husband and wife, and the marital community composed thereof; Lambin Insurance Services, Inc., a Nevada corporation doing business in the State of Washington; Flying Eagle Insurance Services Inc., a Nevada Corporation licensed to do business in the State of Washington; and David W. Lambin and Jane Doe Lambin, husband and wife, and the marital community composed thereof, Respondents.

Supreme Court of Washington.

Filed: April 27, 2017.

As Modified August 16, 2017.

Reconsideration of Modified Opinion Denied August 17, 2017.

Attorney(s) appearing for the Case

Howard Mark Goodfriend, Catherine Wright Smith, Smith Goodfriend PS, 1619 8th Ave. N., Seattle, WA, 98109-3007, Richard B. Kilpatrick, Kilpatrick Law PC, 1408 140th Pl. N.E., Ste. 150, Bellevue, WA, 98007-3962, for Petitioners.

Stephen Gift Skinner, Andrews & Skinner PS, 645 Elliott Ave. W., Ste. 350, Seattle, WA, 98119-3911, for Respondents.

George M. Ahrend, Ahrend Law Firm PLLC, 100 E. Broadway Ave., Moses Lake, WA, 98837-1740, Daniel Edward Huntington, Richter-Wimberley PS, 422 W. Riverside Ave., Ste. 1300, Spokane, WA, 99201-0305, Valerie Davis Mcomie, Attorney at Law, 4549 N.W. Aspen St., Camas, WA, 98607-8302, Bryan Patrick Harnetiaux, Attorney at Law, 517 E. 17th Ave., Spokane, WA, 99203-2210, as Amicus Curiae on behalf of Washington State Association for Justice Foundation.

Michael Barr King, Jeffrey David Laveson, Rory Drew Cosgrove, Carney Badley Spellman PS, 701 5th Ave., Ste. 3600, Seattle, WA, 98104-7010, as Amicus Curiae on behalf of Property Casualty Insurers Association of America.

¶ 1 This case asks us to clarify the applicability of a broad, absolute insurance pollution exclusion clause to a claim based on negligent installation of a hot water heater that led to the release of toxic levels of carbon monoxide in a residential home. The primary questions are: Does the specific pollution exclusion include the carbon...

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