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NATIONAL SUR. CORP. v. IMMUNEX CORP.

No. 64712-1-I.

256 P.3d 439 (2011)

162 Wn. App. 762

NATIONAL SURETY CORPORATION, Respondent/Cross Appellant, v. IMMUNEX CORPORATION, Appellant/Cross Respondent.

Court of Appeals of Washington, Division 1.

July 25, 2011.

Attorney(s) appearing for the Case

James Richard Murray , Dickstein Shapiro LLP, Washington, DC, Cameron H. Faber , Dickstein Shapiro LLP, Linda D. Kornfeld , Damon A. Thayer , Jenner & Block LLP, Los Angeles, CA, for Appellant/Cross-Respondent.

Jerret E. Sale , Deborah Lynn Carstens , Matthew J. Sekits , Bullivant Houser Bailey PC, Catherine Wright Smith , Smith Goodfriend PS, Seattle, WA, Ronald J. Clark , Bullivant Houser Bailey PC, Portland, OR, for Respondent/Cross-Appellant.

APPELWICK, J.

¶ 1 Immunex challenges the trial court ruling that National Surety does not have a duty to defend in several lawsuits challenging Immunex's use of an inflated average wholesale price. National Surety cross appeals the trial court's order that it compensate Immunex for defense costs until the time of the court's ruling on the duty to defend unless it can show prejudice at trial. We affirm.

FACTS

¶ 2 Immunex

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