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TRINITY UNIVERSAL INS. CO. v. COOK

No. 29975-9-III.

276 P.3d 372 (2012)

168 Wn. App. 431

TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, as subrogee of Michael and Virginia Berg, Appellant, v. Corrine COOK and Christopher Cook, a married couple and the marital community composed thereof, Respondents.

Court of Appeals of Washington, Division 3.

May 17, 2012.

Attorney(s) appearing for the Case

Joseph Andrew Grube , Karen Orehoski , Scott C. Breneman , Ricci Grube Breneman PLLC, Seattle, WA, Benjamin F. Gallagher , St. Paul, MN, for Appellant.

Michael Louis Wolfe , Randall & Danskin PS, Michael Early McFarland Jr. , Attorney at Law, Heather Yakely , Attorney at Law, Spokane, WA, for Respondent.

SWEENEY, J.

¶ 1 The rule in this state, and the trend nationwide, is that the tenant is a coinsured with her landlord under the landlord's fire insurance policy, absent a specific provision in the rental agreement or lease to the contrary. Here, the tenant's husband apparently accidentally started a fire that damaged a multiunit apartment building. The landlord's insurance carrier sued the tenant for damages and claimed the right to equitable subrogation. We...

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