PSE v. ALBA GENERAL INS. CO.

No. 72116-5.

68 P.3d 1061 (2003)

149 Wash.2d 135

PUGET SOUND ENERGY, INC., Petitioner, v. ALBA GENERAL INSURANCE COMPANY; Anglo-French Insurance Company, Limited; Anglo-Saxon Insurance Association, Limited; The Baloise Fire Insurance Company, Limited; British Aviation Insurance Company, Limited; British National Life Insurance Society; Centennial Insurance Company; Century Indemnity as Successor-In-Interest to Insurance Company of North America and as Successor-In-Interest to Indemnity Insurance Co. of North America; City General Insurance Company; Continental Casualty Company; The Dominion Insurance Company, Limited; Drake Insurance Company, Limited; Edinburgh Insurance Company, Limited; Employers Insurance Company of Wausau; The Excess Insurance Company, Limited; Excess Insurance Company of America; Fidelidade Insurance Company of Lisbon; Gibbon (N.M.) Group; The Home Insurance Company; Iron Trades Mutual Insurance Company; Lexington Insurance Company; London and Edinburgh Insurance Company, Limited; London Market Companies; Minster Insurance Company, Limited; National Casualty Company; National Casualty Company of America; North Star Reinsurance Company; Old Republic Insurance Company; Pacific Employers Insurance Company; Pacific Mutual Marine Office, Inc.; Reliance Fire and Accident Insurance Corporation; River Thames Insurance Company, Limited; The Steven Provinces Insurance Company, Limited; Sphere Insurance Company, Limited; Swiss National Insurance Company, Limited; Swiss Union General Insurance Company; The Travelers Indemnity Company; The Travelers Property Casualty Corp. as Successor-In-Interest to Aetna Casualty and Surety Co.; Underwriters at Lloyd's, London; United Standard Insurance Company, Limited; United States Fire Insurance Company; Vanguard Insurance Company, Limited; Westport Insurance Corp. as Successor-In-Interest to Manhattan Fire and Marine Insurance Company; World Auxiliary Insurance Corporation, Limited; and Zurich American Insurance Company of Illinois, Respondents.

Supreme Court of Washington, En Banc.

Decided April 10, 2003.


Attorney(s) appearing for the Case

Gordon Murray Tilden, Charles Gordon, James Murray, Jeffrey Tilden, Riddel Williams Bullitt & Walkinshaw, David Brenner, Jayson Sowers, Seattle, for Petitioner.

Soha & Lang, R. Lind Stapley, Steven Soha, Lane Powell Spears Lubersky, Linda Clapham, Robert Israel, Todd & Wakefield, Scott Wakefield, Cozen & O'Connor, Curt Feig, Wilson Smith Cochran & Dickerson, David Jacobi, Mikkelborg Broz Wells & Fryer, John Lenker, Davis Wright Tremaine, Thomas James, Donald Knuze, Peery Hiscock Pierson Kingman & Peabody, Michael Ricketts, Merrick Hofstedt & Lindsey, Tyna Ek, Seattle, for Respondents.


JOHNSON, J.

This case involves the issue of who carries the burden of establishing the extent of an offset for payments received by an insured from settling insurers—the insured or the nonsettling insurers. Large costs associated with multiple environmental cleanup sites triggered this litigation between the insured, Puget Sound Energy, Inc. (PSE), and the nonsettling insurers (Insurers). PSE contends the Court of Appeals erroneously assigned them the initial...

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