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CERTIF. FROM U.S. FOR NINTH CIR. v. KACHMAN

No. 81160-1.

198 P.3d 505 (2008)

CERTIFICATION FROM the UNITED STATES COURT OF APPEALS FOR the NINTH CIRCUIT in Cornhusker Casualty Insurance Company, Plaintiff-Appellee, v. Chris KACHMAN, Defendant, and Brooks Samples, individually and as personal representative of the estate of Leanne Samples, Defendant-Appellant.

Supreme Court of Washington, En Banc.

December 18, 2008.

Attorney(s) appearing for the Case

Kevin Coluccio, Stritmatter Kessler Whelan Coluccio, Seattle, WA, Garth L. Jones, Paul Lester Stritmatter, Stritmatter Kessler Whelan Coluccio, Hoquiam, WA, for Defendant-Appellant.

Irene Margret Hecht, Maureen Mullane Falecki, Keller Rohrback LLP, Seattle, WA, for Plaintiff-Appellee.

Timothy James Parker, Jason Wayne Anderson, Carney Badley Spellman, Seattle, WA, Amicus Curiae on behalf of Property Casualty Insurers Association of America.

MADSEN, J.

¶ 1 The Ninth Circuit Court of Appeals certified the following question to this court:

Does sending notice of cancellation by certified mail satisfy the "mailed" requirement of RCW § 48.18.290 (1997) and give sufficient notice of cancellation to comply with RCW § 48.18.290, even if there is no proof that the cancellation letter was received by the insured?

Order Certifying Question to the Wash. State Sup.Ct. at 16. We answer...

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