POPE RES. v. CERT. UNDERWRITERS AT LLOYD'S

No. 80032-9-I.

494 P.3d 1076 (2021)

POPE RESOURCES LP, a Delaware limited partnership, Respondent, v. CERTAIN UNDERWRITERS AT LLOYD's, LONDON; Certain London Market Companies; Continental Casualty Company; and the Continental Insurance Company (as successor in interest to the rights and obligations under certain policies issued by Harbor Insurance Company); American Reinsurance Company; Associated International Insurance Company; Central National Insurance Company; Century Indemnity Company; Employers Insurance Company of Wausau; Employers Reinsurance Company; Granite State Insurance Company; Highlands Insurance Company; Insurance Company of North America; Insurance Company of the State of Pennslyvania; International Insurance Company as Successor To International Surplus Lines Insurance Company; New Hampshire Insurance Company; and Northbrook Insurance Company, Appellants. Pope & Talbot, Inc.; General Insurance Company of America; Liberty Mutual Insurance Company; and John Does 1-20, Defendants.

Court of Appeals of Washington, Division 1.

FILED September 7, 2021.


Attorney(s) appearing for the Case

Robin E. Wechkin , Sidley Austin LLP, Issaquah, WA, Constantine Trela , Robert Hochman , Sidley Austin LLP, Chicago, IL, Gabriel Baker , Benjamin Jerauld Roesch , Jensen Morse Baker PLLC, Philip Albert Talmadge , Gary Manca , Talmadge/Fitzpatrick, Carl Edward Forsberg , Matthew Stuart Adams , Charles Adrian Henty , Forsberg & Umlauf PS, Patrick Michael Paulich , Betts Patterson & Mines PS, Herbert Matthew Munson , Steven Soha , Geoffrey C Bedell , Soha & Lang PS, Sarah Eversole , Wilson Smith Cochran Dickerson , David Martin Schoeggl , Ryan P. McBride , Lane Powell , Catherine Ann Becker , Elizabeth Grace Smith , Law Office of Elizabeth G. Smith, Seattle, WA, Louise McCabe , Jordan Jeffery , Tara Goodwin , Christina Ding , Troutman Pepper Hamilton Sanders LLP, San Diego, CA, Robin Craig , Bruce Winkelman , Craig & Winkelman LLP, Berkeley, CA, David C. Linder , Larson King LLP, St. Paul, MN, for Petitioner.

Mark S. Nadler , Liberty Waters , The Nadler Law Group PLLC, Edmonds, WA, John Dolese , Law Offices of John S. Dolese, Poulsbo, WA, Jay S. Carlson , Carlson Legal, Seattle, WA, for Respondent.

Jacquelyn A. Beatty , Karr Tuttle Campbell, Seattle, WA, for Amicus Curiae on behalf of Complex Insurance Claims Litigation Association.

Marta Uballe Deleon , Office of the Attorney General, Olympia, WA, for Amicus Curiae on behalf of Washington State Insurance Commissioner.


PUBLISHED OPINION

¶1 Washington's broad and inclusive anti-annulment statute, RCW 48.18.320, voids any agreement between an insurer and insured attempting to retroactively cancel, rescind, void, buy back, or otherwise annul an insurance contract for liability coverage after a potentially covered injury or damage to a...

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