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T-MOBILE v. SELECTIVE INS. CO. OF AMERICA

No. 96500-5.

450 P.3d 150 (2019)

Certification from the United States Court of Appeals for the Ninth Circuit in T-MOBILE USA INC., a Washington corporation, Plaintiff-Appellant, v. SELECTIVE INSURANCE COMPANY OF AMERICA, Defendant-Appellee.

Supreme Court of Washington.

Filed October 10, 2019.

Attorney(s) appearing for the Case

Kelly H. Sheridan , Michael A. Moore , Corr Cronin LLP, 1001 4th Ave. Ste. 3900, Seattle, WA, 98154-1051, for Plaintiff.

Jeffrey Stuart Tindal , Daniel L. Syhre , Betts, Patterson & Mines, P.S., 701 Pike St. Ste. 1400, Seattle, WA, 98101-3927, Michael J. Marone , McElroy Deutsch Mulvaney & Carpenter LLP, 1300 Mount Kemble Avenue, P.o. Box 2075, Morristown, NJ, 07962, for Defendant.

Linda Blohm Clapham , Michael Barr King , Carney Badley Spellman, P.S., 701 5th Ave. Ste. 3600, Seattle, WA, 98104-7010, John M. Lebsack , Dmitry B. Vilner , White and Steele, P.C., 600 17th Street, Suite 600n, Denver, CO, 80202, for Amicus Curiae on behalf of American Property Casualty Insurance Association.

Franklin Dennis Cordell , Gregory David Pendleton , Gordon Tilden Thomas & Cordell LLP, 600 University St. Ste. 2915, Seattle, WA, 98101-4172, Todd Christopher Hayes , Harper Hayes PLLC, 600 University St. Ste. 2420, Seattle, WA, 98101-1129, for Amicus Curiae on behalf of Associated General Contractors of Washington.

¶1 The Ninth Circuit has asked this court whether an insurance company is bound by its agent's written representation—made in a certificate of insurance—that a particular corporation is an additional insured under a given policy. The question arises in a case where: (1) the Ninth Circuit has already ruled that...

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