276 P.3d 372
Wash. Ct. App.2012Background
- Corrine Cook rented a Regal Ridge apartment in Spokane; she is married to Christopher Cook in a marital community.
- Mr. Cook visited the apartment, smoked on the balcony, and discarded a cigarette into a plastic pail, starting a fire.
- The fire damaged Corrine Cook’s unit and caused extensive damage to the complex; Trinity Universal insured the building and paid repairs.
- Trinity sued Corrine and Christopher Cook seeking equitable subrogation; the Cooks moved for summary dismissal arguing they (and Corrine) are insured.
- The trial court granted summary dismissal; the issue became whether the tenant (and spouse) are coinsured under the landlord’s fire policy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Corrine Cook a coinsured under the landlord's fire policy? | Cook is not coinsured; reliance on Cascade reasonable expectations. | Cascade adopts a Sutton presumption that tenant is coinsured absent contrary agreement. | Cook is coinsured; Trinity cannot subrogate against her. |
| Is Mr. Cook insulated from subrogation as Corrine's spouse in a marital community? | Mr. Cook should be subject to subrogation as a debtor arising from the event. | Mr. Cook is part of the same community with Corrine and covered by the policy. | Mr. Cook insulated; Trinity’s subrogation claim dismissed as to him. |
Key Cases Cited
- Cascade Trailer Court v. Beeson, 50 Wash.App. 678 (1988) (presumes tenant coinsured where lease lacks express contrary provision)
- Community Ass'n Underwriters of Am., Inc. v. Kalles, 164 Wash.App. 30 (2011) (adopts Sutton rule—tenant presumed coinsured absent express contrary agreement)
- Sutton v. Jondahl, 532 P.2d 478 (Okla.App.1975) (formulates the Sutton approach underpinning coinsurance presumptions)
- Overton v. Consol. Ins. Co., 38 P.3d 322 (Wash. 2002) (de novo review for questions of law)