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AMERICAN BEST FOOD v. ALEA LONDON

No. 80753-1.

229 P.3d 693 (2010)

168 Wash.2d 398

AMERICAN BEST FOOD, INC., a Washington corporation d/b/a/ Café Arizona; and Myung Chol Seo and Hyun Heui Seo-Jeong, Respondents, v. ALEA LONDON, LTD., a foreign corporation, Petitioner.

Supreme Court of Washington, En Banc.

Decided March 18, 2010.

Attorney(s) appearing for the Case

J.C. Ditzler, Melissa O'Loughlin White, Molly Siebert Eckman, Cozen O'Connor, Seattle, WA, Philip Albert Talmadge, Talmadge/Fitzpatrick, Tukwila, WA, for Petitioners.

Scott R. Sleight, Ahlers & Cressman P.L.L.C., Benjamin I. VandenBerghe, Scott Easter, Montgomery Purdue Blankenship & Austin, Seattle, WA, for Respondents.

Karen Southworth Weaver, Soha & Lang, P.S., Seattle, WA, for Amicus Curiae on behalf of Professor Karen Weaver and Others.

Pamela A. Okano, Michael Simpson Rogers, Reed McClure, Seattle, WA, for Amicus Curiae on behalf of State Farm Fire & Casualty Company.

Bryan Patrick Harnetiaux, Spokane, WA, David Merritt Beninger, Luvera, Barnett, Brindley, Beninger, et al., Seattle, WA, for Amicus Curiae on behalf of Washington State Association For Justice Foundation and Washington State Trial Lawyers.

CHAMBERS, J.

¶ 1 This court is called upon to decide whether a complaint alleging that postassault negligence caused or exacerbated injuries falls under an insurance policy's assault and battery exclusion. We find it does not. We are also asked whether an insurer breached its duty to defend as a matter of law when, relying upon an equivocal interpretation of case law, it gave itself the benefit of the doubt rather than give that benefit to its insured. We find...

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