Legal Opinion
Mutual of Enumclaw Insurance v. USF Insurance
Court of Appeals of Washington
Decided February 26, 2007No. 57866-9-IPublishedCited by 3 opinions
1Opinion of the Court
¶1 This is an insurance contribution case brought by two settling insurers against a nonparticipating insurer to which the insured did not tender a claim arising from construction defects litigation. We hold that when the insured assigns its rights against other potentially-liable entities to the settling insurers, they stand in the shoes of the insured and may pursue a claim against the nonparticipating insurer under the late tender rule adopted in Unigard Insurance Co. v. Leven.1
Agid, J. —
¶2 Mutual of Enumclaw Insurance Company (MOE) and Commercial Underwriters Insurance Company (CUIC)…
2Cases cited27 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Young v. Key Pharmaceuticals, Inc.Washington Supreme Court · 1989
- Lybbert v. Grant CountyWashington Supreme Court · 2000
- Reid v. Pierce CountyWashington Supreme Court · 1998
- Fireman's Fund Insurance v. Maryland Casualty Co.California Court of Appeal · 1998
22 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Mutual of Enumclaw Insurance v. USF InsuranceWashington Supreme Court · 2008
- Goodstein v. Continental Casualty Co.Court of Appeals for the Ninth Circuit · 2007
- Mutual of Enumclaw Ins. Co. v. USF Ins. Co.Washington Supreme Court · 2008