Berschauer Phillips Construction Co. v. Mutual of Enumclaw Insurance

¶1 Berschauer Phillips Construction Company (BP) appeals from the superior court order granting summary judgment dismissing its “direct action” claim against Mutual of Enumclaw Insurance Company (MOE). BP obtained a default judgment against an insured of MOE, unsuccessfully sought to recover from MOE on a “chose in action” theory in Thurston County, and also filed this direct action lawsuit against MOE in King County. BP assigns error to the superior court’s determination that this direct action lawsuit was barred by the claim-splitting doctrine of res judicata. BP could have and should have…