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Gull Industries Prevails on Application of Non-Cumulation Clauses

May 15, 2014

GTT&C represents Gull Industries, Inc., a longtime Seattle-based gasoline distributor, in environmental insurance coverage litigation arising out of cleanup liability associated with the sites of over 200 former service stations.  In April 2014, two of Gull’s excess insurers, Zurich and Granite State, filed motions for summary judgment on grounds that “Prior Insurance and Non-Cumulation of Liability” clauses in the excess policies operate to deprive Gull of all coverage under excess policy limits totaling $55 million.  On May 15, 2014, King County Superior Court Judge Barbara Linde rejected the insurers’ arguments, distinguishing Gull’s case from the only other Washington decision to address non-cumulation clauses, Certain Underwriters at Lloyd’s, London v. Valiant Ins. Co., 155 Wn. App. 469 (2010).  The parties’ briefs on this emerging coverage issue, and  the court’s order denying the motions, may be viewed and downloaded here (Dkt.554Dkt. 557Dkt. 657Dkt. 659Dkt. 682).  GTT&C lawyers Frank Cordell and Susannah Carr represent Gull, along with co-counsel Brad Marten and Jessica Ferrell of Seattle’s Marten Law.

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