ZHAOYUN XIA, a single person; Issaquah Highlands 48, LLC, a Washington limited liability company; Issaquah Highlands 50, LLC, a Washington limited liability company; Gottlieb Issaquah Highlands 48, LLC, a Washington limited liability company; and Gottlieb Issaquah Highlands 50, LLC, a Washington limited liability company, Petitioners,
v.
PROBUILDERS SPECIALTY INSURANCE COMPANY RRG, a foreign insurance company authorized to conduct business within the State of Washington; Olympic Advantage, Inc., a Washington corporation; Treacy Duerfeldt and Jane Doe Duerfeldt, husband and wife, and the marital community composed thereof; Lambin Insurance Services, Inc., a Nevada corporation doing business in the State of Washington; Flying Eagle Insurance Services, Inc., a Nevada Corporation licensed to do business in the State of Washington; and David W. Lambin and Jane Doe Lambin, husband and wife, and the marital community composed thereof, Respondents.
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Stephen Gift Skinner , Andrews & Skinner PS, 645 Elliott Ave. W., Ste. 350, Seattle, WA, 98119-3911, for Respondents.
George M. Ahrend , Ahrend Law Firm PLLC, 100 E. Broadway Ave., Moses Lake, WA, 98837-1740, Daniel Edward Huntington , Richter-Wimberley PS, 422 W. Riverside Ave., Ste. 1300, Spokane, WA, 99201-0305, Valerie Davis Mcomie , Attorney at Law, 4549 N.W. Aspen St., Camas, WA, 98607-8302, Bryan Patrick Harnetiaux , Attorney at Law, 517 E. 17th Ave., Spokane, WA, 99203-2210, as Amicus Curiae on behalf of Washington State Association for Justice Foundation.
¶ 1 This case asks us to clarify the applicability of a broad, absolute insurance pollution exclusion clause to a claim based on negligent installation of a hot water heater that led to the release of toxic levels of carbon monoxide in a residential home. The primary questions are: Does the specific pollution exclusion include the carbon...
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