Mutual Of Enumclaw, App./cross-res v. Myong Suk Day, Res/cross-appellant

¶1 Instead of a more traditional covenant judgment, Myong Suk Day gave agreed judgments to tort victims William Lee and Dawn Smith but retained her claims against her insurer, Mutual of Enumclaw (MOE). Day assigned only her claims against an independent agent. Lee and Smith agreed not to execute against any of Day’s assets except her claims against the agent. Lee and Smith also agreed to fully satisfy their agreed judgments against Day once the assigned claim against the agent was resolved.

¶2 In a more traditional covenant judgment, the insured gives the tort victim an agreed judgment and…