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Queen Anne Park Homeowners Association v. State Farm Fire & Cas. Co.

United States Court of Appeals, Ninth Circuit

August 19, 2014

QUEEN ANNE PARK HOMEOWNERS ASSOCIATION, a Washington non-profit corporation, Plaintiff-Appellant,
v.
STATE FARM FIRE AND CASUALTY COMPANY, a foreign insurance company, Defendant-Appellee

Western District of Washington, Seattle. D.C. No. 2:11-cv-01579-TSZ.

SUMMARY[*]

Certification to Washington Supreme Court

The panel certified the following question to the Washington Supreme Court:

What does " collapse" mean under Washington law in an insurance policy that insures " accidental direct physical loss involving collapse," subject to the policy's terms, conditions, exclusions, and other provisions, but does not define " collapse," except to state that " collapse does not include settling, crackling, shrinking, bulging or expansion?"

Gregory Louis Harper, Todd Christopher Hayes, Harper Hayes PLLC, Seattle, WA, for Plaintiff-Appellant.

Jerret E. Sale, Bullivant Houser Bailey PC, Joseph D. Hampton, Esquire, Daniel L. Syhre, Esquire, Betts Patterson & Mines, PS, Pamela Ann Okano, Reed McClure, Seattle, WA, for Defendant-Appellee.

Before: Arthur L. Alarcón, A. Wallace Tashima, and Mary H. Murguia, Circuit Judges.

Page 1233

ORDER CERTIFYING A QUESTION TO THE WASHINGTON SUPREME COURT

ORDER

Alex Kozinski, Chief Judge.

This is an insurance coverage case filed in federal court pursuant to our diversity jurisdiction. The policy at issue provides coverage in certain circumstances for the " collapse" of a building, but it does not define " collapse." The most recent relevant Washington Supreme Court case, Sprague v. Safeco Insurance Co. of America, 174 Wn.2d 524, 276 P.3d 1270 (Wash. 2012), suggests that what constitutes " collapse" when the term is otherwise undefined in the insurance policy at issue is an open question under Washington law. The parties filed cross motions to certify that question to the Washington Supreme Court to resolve the issue. We granted the motions. We respectfully request that the Washington Supreme Court accept and decide the certified question below.

I

The Queen Anne Park is a two-building condominium in ...


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