Fluke Corp. v. Hartford Accident & Indemnity Co.

The Hartford Accident and Indemnity Company challenges the decision of the Court of Appeals that, under the terms of the Commercial General Liability (CGL) policy that Hartford sold to Fluke Corporation, Hartford was obligated to pay both the compensatory and punitive damages that a California jury awarded against Fluke in a malicious prosecution action. In this declaratory judgment action, the trial court and the Court of Appeals concluded that public policy in Washington did not negate the CGL policy’s unambiguous grant of liability coverage for malicious prosecution. See Fluke Corp. v.…