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LEDCOR INDUSTRIES v. MUTUAL OF ENUMCLAW INS. CO.

No. 59705-1-I.

206 P.3d 1255 (2009)

LEDCOR INDUSTRIES (USA), INC., f/k/a Ledcor Industries, Inc., a Washington corporation, Appellant/Cross Respondent, v. MUTUAL OF ENUMCLAW INSURANCE COMPANY, a Washington corporation, Respondent/Cross Appellant, The Ohio Casualty Insurance Company, an Ohio corporation; Safeco Insurance Company of America, a Washington corporation; Canal Indemnity Company, a South Carolina corporation; and Maryland Casualty Company, a Maryland corporation, Respondents.

Court of Appeals of Washington, Division 1.

May 4, 2009.

Attorney(s) appearing for the Case

David Michael Jacobi, Wilson Smith Cochran Dickerson, Seattle, WA, for Amicus Curiae National Fire & Marine Ins. Co.

Richard Lawrence Martens, Scott Allen Samuelson, Barbara L. Bollero, Martens & Associates PS, Seattle, WA, for Appellant/Cross-Respondent.

James Morton Beecher, David R. Collins, Patrick Evans Trompeter, Law Offices of Hackett, Beecher, & Hart, Seattle, WA, for Respondent/Cross-Appellant

ELLINGTON, J.

¶ 1 Ledcor Industries (USA), Inc. sued Mutual of Enumclaw (MOE) alleging that because MOE failed to promptly accept Ledcor's tender of defense as an additional insured on its subcontractor's policy and failed to investigate or indemnify Ledcor, MOE was liable for bad faith, breach of contract, and violations of the Consumer Protection Act, chapter 19.86 RCW (CPA). The court found bad faith and violations of the CPA, but awarded damages only for...

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