Glen Falls Insurance v. Vietzke

This is a review of an unpublished opinion of the Court of Appeals (6 Wn. App. 1017) reversing the trial court’s decision in a declaratory judgment action. The trial court held that the plaintiff (respondent herein), Glen Falls Insurance Company, was obligated to defend, to the limits of its liability, a suit against the defendant (petitioner) , Verle R. Vietzke, doing business as Sunny’s Trucking, hereinafter referred to as the defendant.

The facts are not in dispute and can be summarized as follows. On March 9, 1966, the defendant entered into a written contract to lease a backhoe with…