Unigard Insurance v. Mutual of Enumclaw Insurance

¶1 Mutual of Enumclaw breached its duty of good faith to defend its insured. Because of the breach, harm to the insured was presumed and Mutual of Enumclaw had the burden to rebut this presumption. Having failed to carry its burden at trial, Mutual of Enumclaw seeks reversal primarily based on alleged errors that are neither preserved nor properly assigned. We reverse in part only because the trial court applied the wrong rate of prejudgment interest.

Becker, J.

*917f 2 Charles Engelmann bought property in 1979 that was formerly used as a dry cleaning facility. After owning the property for about…