Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Fluke Corp. v. Hartford Accident & Cas. Co.

Public policy does not prohibit insurance coverage for malicious prosecution and punitive damages under Washington state law; commercial general liability policy provided coverage to policyholder for adverse judgment in malicious prosecution suit brought in California.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The full case caption appears at the end of this opinion.

OWENS, J. — The Hartford Accident and Indemnity Company (Hartford)challenges the decision of the Court of Appeals that, under the terms ofthe Commercial General Liability (CGL) policy that Hartford sold to FlukeCorporation (Fluke), Hartford was obligated to pay both the compensatoryand punitive damages that a California jury awarded against Fluke in amalicious prosecution action. In this declaratory judgment action, thetrial court and the Court of Appeals concluded that public policy inWashington did not negate the CGL policy’s unambiguous grant ofliability coverage for malicious prosecution. See Fluke Corp. v. HartfordAccident & Indem. Co., 102 Wn. App. 237, 7 P.3d 825 (2000). However,contrary to the trial court’s conclusion, the Court of Appeals held thatthe policy covered awards of punitive damages against Fluke, and it furtherdetermined that coverage for punitive damages did not contravene a clearpublic policy in this state regarding such insurance. Because Californialaw precludes coverage both for intentional acts (including maliciousprosecution) and for punitive damages,1 Hartford invoked California law,but the Court of Appeals agreed with the trial court that Washington law,not California law, governed this declaratory judgment action.We affirm the Court of Appeals on all issues.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Legal Research Attorney (Criminal)

The Superior Court of California, County of Alameda is accepting applications for the position of Legal Research Attorney. Under general dir...


Apply Now ›
Attorney - Medical Malpractice

ROSENBERG JACOBS HELLER & FLEMING, PC of Morris Plains, NJ is seeking a full-time Attorney who has at least 5 years experience, includin...


Apply Now ›
(NEW) REAL ESTATE ASSOCIATES FOR LAW FIRM KNOWN AS BEST PLACE TO WORK; TOP PAY SCALE (Chicago, IL or other US office)

Our client, a well-regarded national law firm widely recognized as one of the top places to work, has engaged us to find multiple real estat...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements