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State of Washington Wins Linda David Insurance Appeal
In September 2000, GMT Partner Frank Cordell was appointed
as Special Assistant Attorney General to represent the State of Washington
in coverage litigation against the State’s London-market insurers.
The litigation arose out of the highly publicized case of Linda David,
who alleged that she suffered years of physical and emotional abuse
at the hands of her husband. Ms. David sued the State, claiming that
DSHS caseworkers negligently failed to detect and prevent the abuse.
The State settled with Ms. David for the sum of $8.8 million. The
State’s liability insurers refused to pay the claim and GMT
filed a declaratory judgment action on behalf of the State.
On February 26, 2002, the Snohomish County Superior Court ruled in
favor of the State on all aspects of the claim and awarded the State
its attorneys' fees. The State's insurers appealed the decision to
the Washington Court of Appeals, Division I. On April 7, 2003, the
Court of Appeals affirmed the trial court's decision in its entirety.
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