SAUTER EX REL. SAUTER v. HOUSTON CAS. CO.

No. 66809-9-I.

276 P.3d 358 (2012)

168 Wn. App. 348

Carol SAUTER, as Personal Representative of the Estate of Michael J. SAUTER, Appellant, v. HOUSTON CASUALTY COMPANY, a foreign, non-admitted insurer doing business in Washington, Respondent.

Court of Appeals of Washington, Division 1.

As Corrected May 21, 2012.


Attorney(s) appearing for the Case

Marco Joseph Magnano , Bradley William Hoff , Jason R. Donovan , Foster Pepper PLLC, Seattle, WA, for Appellant.

Patrick Michael Paulich , Thorsrud Cane & Paulich, Seattle, WA, Aidan McCormick , Sarah Kutner, DLA Piper PLL, New York, NY, for Respondent.


DWYER, J.

¶ 1 Where an insurance policy explicitly provides coverage for the personal liability of a corporate officer incurred for acts performed in his or her official capacity as such, the policy does not insure against losses incurred where the officer acts in his or her personal capacity. Moreover, a guaranty executed by a corporate officer that secures the indebtedness of the corporation is not executed in the officer's official capacity. Such a circumstance...

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