Nat'l Sur. Corp. v. Immunex Corp.

FILE IN CLERKS OFFICE llJII8E COURT, STAlE OF WA8HifGTON DATE MAR 0 7£(]13 ~/11_ OL cfaJL-r .C '· () CHIEF JUSfiCi> IN THE SUPREME COURT OF THE STATE OF WASHINGTON NATIONAL SURETY CORPORATION, NO. 86535-3 Petitioner, v. ENBANC IMMUNEX CORPORATION, Respondent. Filed - - MAR- - - - - 0 7 2013 STEPHENS, J.-This court has long recognized that a liability insurer uncertain of its obligation to defend its insured may undertake a "reservation of rights" defense while seeking a declaration regarding coverage. The question in this case is whether the insurer may unilaterally condition its reservation…