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DEPT. OF TRANSP. v. JAMES RIVER INS. CO.

No. 87644-4.

292 P.3d 118 (2013)

176 Wn.2d 390

STATE of Washington, DEPARTMENT OF TRANSPORTATION, Respondent, v. JAMES RIVER INSURANCE COMPANY, Appellant.

Supreme Court of Washington, En Banc.

Decided January 17, 2013.

Attorney(s) appearing for the Case

Kara Renee Masters , Skellenger, Bender, PS, Joseph D. Hampton , Bridget Tomlinson Schuster , Betts, Patterson & Mines, P.S., Seattle, WA, for Appellant.

A. Richard Dykstra , Friedman Rubin, Richard Andrew Fraser III , Washington State Atty General, Seattle, WA, Robert Aloysius Hyde , Office of the City Attorney, Phoenix, AZ, for Respondent.

Laura Foggan , Theodore A. Howard , Wiley Rein LLP, Washington, DC, Thomas Martin Jones , Cozen O'Connor, Seattle, WA, for Amicus Curiae on behalf of American Insurance Association, Amicus Curiae on behalf of Complex Insurance Claims Litigation Assoc., Amicus Curiae on behalf of National Union Fire Insurance Co., Amicus Curiae on behalf of American Home Assurance Company.

C. JOHNSON, J.

¶ 1 This case involves a challenge to a trial court's order denying a motion to compel arbitration of an insurance coverage dispute. James River Insurance Company issued two "surplus line" insurance policies under which the Washington State Department of Transportation (WSDOT) claims coverage. James River sought to compel arbitration of the coverage dispute pursuant to the insurance policies' arbitration clauses. WSDOT opposed arbitration and filed...

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