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WOO v. FIREMAN'S FUND INS. CO.

No. 61571-8-1.

208 P.3d 557 (2009)

Robert C. WOO, D.D.S. and Anne M. Woo, husband and wife, and the marital community comprised thereof, Appellants, v. FIREMAN'S FUND INSURANCE COMPANY, a California corporation; National Surety Corporation, an Illinois corporation; Depositors Insurance Company, an Iowa corporation; and The Pacific Underwriters Corporation, a Washington corporation, Respondents.

Court of Appeals of Washington, Division 1.

May 18, 2009.

Attorney(s) appearing for the Case

Charles K. Wiggins, Wiggins & Masters PLLC, Bainbridge Island, WA, Richard B. Kilpatrick, Attorney at Law, Bellevue, WA, Richard A. Bergh, Law Office of Andrew Bergh PS, Seattle, WA, for Appellants.

Michael B. King, Emilia L. Sweeney, Carney Badley Spellman PS, Seattle, WA, for Respondents.

COX, J.

¶ 1 What is the governing interest rate on a judgment based on claims of tortious conduct, breach of contract, and violation of the Consumer Protection Act? Because the judgment before us is not divisible and is primarily based on the tortious conduct of the defending insurers, we hold that the governing rate is that specified in RCW 4.56.110(3), the rate for "[j]udgments founded on the tortious conduct of individuals or other entities." We affirm.

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