Mission Insurance v. Allendale Mutual Insurance

Dolliver, J. —

The United States District Court for the Western District of Washington pursuant to RCW 2.60.020 has certified the following question to this court:

When an insured party suffers a property loss which is fully covered by the policies of two separate insurers, which insured to different policy limits, how should the loss be apportioned between the two insurers under Washington law?

Three approaches have been taken by the courts in resolving this question: (1) Policy Limit. Under this rule, the total loss is prorated on the basis of the maximum coverage limits of each policy.…