EXPEDIA, INC. v. STEADFAST INS. CO.

No. 88673-3.

329 P.3d 59 (2014)

EXPEDIA, INC., a Washington corporation; Expedia, Inc., a Delaware corporation; Hotels.Com, L.P., a Texas limited liability partnership; Hotels.Com, GP, LLC, a Texas limited liability company; Hotwire, Inc., a Delaware corporation; Travelscape, a Nevada limited liability company, Petitioners, v. STEADFAST INSURANCE COMPANY, a Delaware corporation; Zurich American Insurance Company, a New York corporation; Royal & Sun Alliance, a foreign corporation; Arrowpoint Capital Corp., a Delaware corporation; Arrowood Surplus Lines Insurance Company, a Delaware corporation; Arrowood Indemnity Company, a Delaware corporation, Respondents.

Supreme Court of Washington, En Banc.

July 3, 2014.


Attorney(s) appearing for the Case

Mark Steven Parris , Paul Francis Rugani , Orrick Herrington & Sutcliffe LLP, Seattle, WA, for Petitioner.

Michael Patrick Hooks , Matthew Stuart Adams , Forsberg & Umlauf PS, Seattle, WA, Joanne L. Zimolzak , Washington, DC, James Randolph Evans , Atlanta, GA, for Respondent.

Jeffrey Iver Tilden , Franklin Dennis Cordell , Gordon Tilden Thomas & Cordell LLP, Seattle, WA, Amicus Curiae on behalf of Associated General Contractors of Washington, Amicus Curiae on behalf of Avista Corporation, Amicus Curiae on behalf of Building Industry Association of Washington, Amicus Curiae on behalf of Mainstreet Property Group, LLC, Amicus Curiae on behalf of Pacific Seafood Group, Amicus Curiae on behalf of Puget Sound Energy, Amicus Curiae on behalf of Weyerhaeuser Company, Amicus Curiae on behalf of Boeing Company.

Craig Richard Watson , Attorney at Law, Seattle, WA, Amicus Curiae on behalf of Port of Seattle.

George M. Ahrend , Ahrend Albrecht PLLC, Ephrata, WA, Bryan Patrick Harnetiaux , Attorney at Law, Spokane, WA, Amicus Curiae on behalf of Washington State Association for Justice Foundation.

Stephen T. Lecuyer , Office of the Tribal Attorney, La Conner, WA, Amicus Curiae on behalf of Swinomish Indian Tribal Community.

Howard Mark Goodfriend , Smith Goodfriend PS, Seattle, WA, Amicus Curiae on behalf of Georgia-pacific, LLC.


MADSEN, C.J.

¶ 1 Petitioners seek adjudication of their summary judgment motion concerning their insurers' duty to defend them in cases brought by local taxing authorities. They further request a stay of discovery in the coverage action that may prejudice them in the underlying litigation.

¶ 2 We hold that the trial court erred by delaying adjudication of Zurich's1 duty to defend Expedia. We accordingly vacate the trial...

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