Allstate Ins. Co. v. Raynor, 22414-3-II

Decision Date30 April 1999
Docket NumberNo. 22414-3-II,22414-3-II
CourtWashington Court of Appeals
PartiesALLSTATE INSURANCE COMPANY, Respondent, v. Martin E. RAYNOR, individually, as the personal representative of the Estate of Cheryl Raynor, and as the guardian ad litem of Kathryn Raynor, a minor; David Johnson, individually and as the personal representative of the Estate of Candy Johnson, Appellants, and Margie E. King, individually; John Doe, as the personal representative of the Estate of Milton R. King; City of Longview, a Municipal Corporation; County of Cowlitz, a political subdivision of Washington State; Casey Tilton and Jane Doe Tilton, husband and wife, and their marital community; and Tom Homad and Jane Doe Homad, husband and wife, and their marital community, Defendants.

ORDER AMENDING OPINION

HUNT, J.

This matter having come before this court on the Appellants' request for reconsideration of the published opinion, filed January 8, 1999, it is hereby

ORDERED that the opinion, reported at 93 Wash.App. 484, 969 P.2d 510, is amended as follows:

1. On page 14, the section titled "IV. EFFICIENT PROXIMATE CAUSE" and footnote 12 are eliminated;

2. On page 15, section "V. JOINT OBLIGATIONS CLAUSE" is renumbered to "IV. JOINT OBLIGATIONS CLAUSE"; and

3. On page 16, after the last word of section "A. Operation of the clause," footnote symbol "12" is inserted, which reads as follows:

We need not address Raynor's argument that Margie's actions were the efficient proximate of the deaths of Candy and Cheryl because the joint obligations clause would preclude Allstate's liability even if a jury were to find Margie's actions to have been a proximate cause of the deaths.

IT IS SO ORDERED.

SEINFELD, P.J., and HOUGHTON, J., concur.

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5 cases
  • Allstate Ins. Co. v. Raynor
    • United States
    • Washington Supreme Court
    • April 19, 2001
    ...judgment as to Milton's and Margie's acts, and the Court of Appeals affirmed. Allstate Ins. Co. v. Raynor, 93 Wash.App. 484, 969 P.2d 510, 975 P.2d 517, 980 P.2d 765 ANALYSIS Summary judgments are reviewed de novo, with all facts and reasonable inferences therefrom viewed in the light most ......
  • Howe v. Douglas County, 18415-3-III.
    • United States
    • Washington Court of Appeals
    • September 12, 2000
    ...re Marriage of Burke, 96 Wash. App. 474, 478, 980 P.2d 265 (1999); Allstate Ins. Co. v. Raynor, 93 Wash.App. 484, 499-500, 969 P.2d 510, 975 P.2d 517, 980 P.2d 765, review granted, 139 Wash.2d 1001, 989 P.2d 1136 (1999). The Legislature has not been reluctant to declare public policy in a w......
  • Grange Insurance Association v. Evans, No. 29541-5-II (Wash. App. 1/21/2004)
    • United States
    • Washington Court of Appeals
    • January 21, 2004
    .... . . against the insurer." Stouffer, 96 Wn. App. at 747 (quoting Allstate Ins. Co. v. Raynor, 93 Wn. App. 484, 492, 969 P.2d 510, 975 P.2d 517 (1999)). II. Policy Coverage and The `Liability Coverages' section of Evans' homeowner's insurance policy provides: COVERAGE E — Personal Liability......
  • Stouffer & Knight v. Continental Cas. Co.
    • United States
    • Washington Court of Appeals
    • June 25, 1999
    ...in insurance policies are strictly construed against the insurer." Allstate Ins. Co. v. Raynor, 93 Wash.App. 484, 492, 969 P.2d 510, 975 P.2d 517 (1999). II. COVERAGE UNDER LANGUAGE OF THE A. DISHONEST EMPLOYEE EXCLUSION An insurance company, as a private contracting entity, is generally pe......
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