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STEWART TITLE GUAR. CO. v. STRNG. SAV. BANK

No. 87087-0.

311 P.3d 1 (2013)

178 Wn.2d 561

STEWART TITLE GUARANTY COMPANY, a Texas corporation, Appellant, v. STERLING SAVINGS BANK, a Washington corporation; Sterling Financial Corporation, a Washington corporation, Defendants, Witherspoon, Kelley, Davenport & Toole, PS, a Washington corporation; Duane M. Swinton and Jane Doe Swinton, and the marital community composed thereof, Respondents.

Supreme Court of Washington, En Banc.

October 3, 2013.

Attorney(s) appearing for the Case

David P. Hirschi , Attorney at Law, Salt Lake City, UT, Brian J. Waid , Attorney at Law, Jessica Marie Creager , Waid Law Office, Seattle, WA, Jeffrey J. Steele , Salt Lake City, UT, for Appellant.

Ralph E. Cromwell Jr. , Steven C. Minson , Michael Barr King , Byrnes Keller Cromwell, LLP, Seattle, WA, for Respondents.

GORDON McCLOUD, J.

¶ 1 A title insurer, Stewart Title Guaranty Company, hired the law firm Witherspoon, Kelley, Davenport & Toole PS (collectively Witherspoon) to defend its insured, Sterling Savings Bank, from a claim of lien priority on real property by a construction company (Mountain West). The claim was resolved in favor of Mountain West, and Stewart Title then sued Witherspoon for malpractice. Stewart Title claimed the law firm had improperly failed...

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