Kitsap County v. Allstate Insurance

The United States District Court for the Western District of Washington has certified the following question to us: “Whether the claims against Kitsap County constitute ‘personal injury’ under each of the subject liability insurance policies.” Doc. 603 at App. A. For reasons that we set forth hereafter, we answer yes to the question insofar as it relates to policies that provide coverage for a personal injury arising from a “wrongful entry” and/or “other invasion of the right of private occupancy” but answer no as it relates to policies that provide coverage only for a personal injury arising…