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NATIONAL SUR. CORP. v. IMMUNEX CORP.

No. 86535-3.

297 P.3d 688 (2013)

176 Wn.2d 872

NATIONAL SURETY CORPORATION, Petitioner, v. IMMUNEX CORPORATION, Respondent.

Supreme Court of Washington, En Banc.

March 7, 2013.

Attorney(s) appearing for the Case

Jerret E. Sale , Deborah Lynn Carstens , Bullivant Houser Bailey PC, Catherine Wright Smith , Howard Mark Goodfriend , Smith Goodfriend PS, Seattle, WA, for Petitioner.

James Richard Murray , Dickstein Shapiro LLP, Washington, DC, Linda D. Kornfeld , Damon A. Thayer , Jenner & Block LLP, Los Angeles, CA, for Respondent.

Bryan Patrick Harnetiaux , Attorney at Law, Spokane, WA, David P. Gardner , Winston & Cashatt, Spokane, WA, George M. Ahrend , Ahrend Albrecht PLLC, Ephrata, WA, amicus counsel for Washington State Association.

STEPHENS, J.

¶ 1 This court has long recognized that a liability insurer uncertain of its obligation to defend its insured may undertake a "reservation of rights" defense while seeking a declaration regarding coverage. The question in this case is whether the insurer may unilaterally condition its reservation of rights defense on making the insured absorb the defense costs if a court ultimately determines there is no coverage. We answer no. We recognize, however...

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