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Oregon Mutual Insurance Company v. Barton12/13/2001
right to void the policy. Nobody waived anything. If Mr. Barton burned his tractor, then the policy is void. If, as the jury concluded, he did not, then the policy is not void.
ATTORNEY FEES
A party may recover attorney fees and costs on appeal when granted by applicable law. RAP 18.1(a). When the conduct of the insurer imposes upon the insured the burden of compelling the insurer to honor its commitment, the insured is entitled to fees. Olympic S.S. Co. v. Centennial Ins. Co., 117 Wn.2d 37, 53, 811 P.2d 673 (1991). Accordingly, Mr. Barton's fee request is granted.
CONCLUSION
Oregon Mutual and Mr. Barton reached an accord and satisfaction. A jury concluded that Mr. Barton did not commit the arson which destroyed his tractor. And we conclude that subsequent misrepresentations which did not induce the settlement agreement did not void the original policy. The judgment of the trial court is therefore reversed and Mr. Barton is awarded fees.
Sweeney, J.
WE CONCUR:
Kurtz, C.J.
Schultheis, J.
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