Berger v. Dishman Dodge, Inc.

Wayne A. Berger appeals, alleging the court erred in: (1) vacating an order and default judgment under the 4-part test established in White v. Holm, 73 Wn.2d 348, 438 P.2d 581 (1968); and (2) ruling that the acts or omissions of an insured can be the basis of a default judgment. We affirm.

On January 15, 1985, Mr. Berger was looking for a new vehicle at Dishman Dodge, Inc. While discussing the purchase of a new car with an employee of Dishman, he slipped on some ice, sustaining injuries. Dishman, after being notified of Mr. Berger's fall, contacted and tendered a defense of claim to Granite…