ARDEN v. FORSBERG & UMLAUF, P.S.

No. 93207-7.

402 P.3d 245 (2017)

Roff ARDEN and Bobbi Arden, adult husband and wife, Petitioners, v. FORSBERG & UMLAUF, P.S., a Washington State professional services corporation; John Hayes and "Jane Doe" Hayes, adult Washington State residents including any marital community; William "Chris" Gibson and "Jane Doe" Gibson, adult Washington State residents including any marital community; and Doe Defendants I through V, Respondents.

Supreme Court of Washington.

Filed September 14, 2017.


Attorney(s) appearing for the Case

Jon Emmett Cushman , Attorney at Law, 924 Capitol Way S., Olympia, WA, 98501-8239, Kevin Hochhalter , Olympic Appeals PLLC, 4570 Avery Ln. S.E., Ste. C-217, Lacey, WA, 98503-5608, for Petitioners.

Sam Breazeale Franklin , Pamela Jo Devet , Lee Smart PS Inc., 701 Pike St., Ste. 1800, Seattle, WA, 98101-3929, Philip Albert Talmadge , Sidney Charlotte Tribe, Talmadge/Fitzpatrick/Tribe, 2775 Harbor Ave. S.W., Third Floor, Ste. C, Seattle, WA, 98126-2138, for Respondents.

Stewart Andrew Estes , Keating, Bucklin & McCormack, Inc., P.S., 801 2nd Ave., Ste. 1210, Seattle, WA, 98104-1518, Daniel Joseph Gunter , Laura Powell Hansen , Fox Rothschild LLP, 1001 4th Ave., Ste. 4500, Seattle, WA, 98154-1065, as Amicus Curiae on behalf of Washington Defense Trial Lawyers.

Brian C. Hickman , Attorney at Law, Diane Luise Polscer , Gordon & Polscer LLC, 9755 S.W. Barnes Rd., Ste. 650, Portland, OR, 97225-6657, as Amicus Curiae on behalf of Federation of Defense and Corporate Counsel.

Todd Christopher Hayes , Harper Hayes PLLC, 600 University St., Ste. 2420, Seattle, WA, 98101-1129, as Amicus Curiae on behalf of The Associated General Contractors of Washington.

Valerie Davis Mcomie , Attorney at Law, 4549 N.W. Aspen St., Camas, WA, 98607-8302, Daniel Edward Huntington , Richter-Wimberley PS, 422 W. Riverside Ave., Ste. 1300, Spokane, WA, 99201-0305, as Amicus Curiae on behalf of Washington State Association for Justice Foundation.


¶ 1 This case involves claims of breaches of fiduciary duty and legal malpractice against lawyers hired to defend insureds in a civil action where the insurance company provided the defense.1 The insureds claim the lawyers violated their professional responsibilities...

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