Mutual of Enumclaw and CUIC v USF
Jan 01, 2009OUTCOME: Recovery for our clients
Our clients MOE and CUIC recovered from USF its share of a settlement in which it hadn’t participated. The insured hadn’t tendered to USF and the settling insurers were unaware it was on the risk. ... This recovery required argument in both Division I of the Washington Court of Appeals and the state Supreme Court. The case established assignment of the insured’s rights at the time of settlement included the insured’s right to tender late after conclusion of the underlying construction defect case and contribution actions against other non-participating insurers. The case is reported at 137 Wn App 352 (2008) and 164 Wn.2d 411 (2009).
