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GREENSVIEW APARTMENT v. TRAVELERS PROPERTY

No. 67879-5-I.

295 P.3d 284 (2013)

173 Wn. App. 663

WASHINGTON GREENSVIEW APARTMENT ASSOCIATES, a California Limited Partnership, Appellant, v. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA (f/k/a The Travelers Indemnity Company of Illinois), a foreign insurance company, Travelers Excess and Surplus Lines Company, a foreign insurance company, Respondents, National Surety Corporation, a foreign insurance company, and The American Insurance Company, a foreign insurance company, Defendants.

Court of Appeals of Washington, Division 1.

February 19, 2013.

Attorney(s) appearing for the Case

Todd Christopher Hayes , Gregory Louis Harper , Seattle, WA, for Appellant.

John A. Bennett , Attorney at Law, Sean William Carney , Parsons Farnell & Grein, LLP, Portland, OR, for Respondent American Insurance and National Surety Corp.

James Thomas Derrig , Attorney at Law, Seattle, WA, for Respondent Travelers Property.

DWYER, J.

¶ 1 Where a Civil Rule (CR) 68 offer of judgment, accepted by the offeree, does not indicate whether an award of attorney fees is included in the offer, and where the underlying authority for such an award does not define "attorney fees" as "costs," the offeree is entitled to an award of attorney fees in addition to the judgment amount specified in the offer of judgment. Because CR 68 imposes upon offerees risks not imposed by private settlement offers...

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