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BERSCHAUER PHILLIPS CONST. CO. v. MOE

No. 68259-8-I.

308 P.3d 681 (2013)

175 Wash.App. 222

BERSCHAUER PHILLIPS CONSTRUCTION COMPANY, a Washington corporation, Appellant, v. MUTUAL OF ENUMCLAW INSURANCE COMPANY, an insurance company, Respondent.

Court of Appeals of Washington, Division 1.

Publication Ordered June 27, 2013.

Attorney(s) appearing for the Case

Stephanie M.R. Bird , Cushman Law Offices PS, Olympia, WA, for Appellant.

Timothy R. Gosselin , Gosselin Law Office PLLC, Tacoma, WA, for Respondent.

VERELLEN, J.

¶ 1 Berschauer Phillips Construction Company (BP) appeals from the superior court order granting summary judgment dismissing its "direct action" claim against Mutual of Enumclaw Insurance Company (MOE). BP obtained a default judgment against an insured of MOE, unsuccessfully sought to recover from MOE on a "chose in action" theory in Thurston County, and also filed this direct action lawsuit against MOE in King County. BP assigns error to the superior...

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