Hayden v. Mutual of Enumclaw Insurance

— Hayden Farms seeks review of the summary judgment dismissal of its suit against the Mutual of Enumclaw Insurance Company (MOE) for recovery of insurance benefits and breach of the duty to defend. We hold that the duty to defend was properly denied based on the policy’s “loss of use” exclusion; thus, the Court of Appeals’ decision is affirmed.

I

Facts

Hayden Farms planted rootstock in the spring of 1988 intending to graft scion wood (a tree branch with several buds from a particular species of fruit tree) onto the stock to create a variety of fruit trees. Clerk’s Papers (CP) at 92.1 In…