Opinion

Woo v. Fireman's Fund Insurance

  • 161 Wash. 2d 43
Court
Washington Supreme Court
Filed
Jul 26, 2007
Status
Published
Author
Johnson
On the bench
Fairhurst, Johnson
Cited by
152 cases
Authority
More cited than 16.1%

recognizing duty to defend when claims against the insured are conceivably covered

How later courts described this case

  • recognizing duty to defend when claims against the insured are conceivably covered
  • duty to indemnify 4 “hinges on the insured’s actual liability to the claimant and actual coverage under the policy”
  • documents extrinsic to the underlying complaint be used only to 22 trigger a duty to defend
  • “the duty to defend requires an insurer to give the insured the benefit of the doubt when determining whether the insurance policy covers the allegations in the complaint” (emphasis added)

Written by the judges who cited it.

The opinion

C. Johnson, J.

(dissenting) — The duty to defend arises when a complaint against the insured, construed liberally, alleges facts which could, if proved, impose liability upon the insured within the policy’s coverage. Truck Ins. Exch. v. VanPort Homes, Inc., 147 Wn.2d 751, 760 , 58 P.3d 276 (2002). In her complaint, Tina Alberts alleged that Robert Woo devised a scheme to humiliate her, ordered the boar tusks, placed them in her mouth when she was unconscious, took pictures, had them developed, and told Alberts that she had a trophy to take home.

¶74 By these facts, Alberts unambiguously alleges that her injuries were the consequence solely of Woo’s inten *72 tional conduct, none of which involves providing dental services. Even under the most liberal construction, the complaint’s allegations are not conceivably covered. I agree with and would simply adopt the well reasoned opinion by the Court of Appeals.

Madsen, J., concurs with C. Johnson, J.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.