The Supreme Court will issue opinions in two cases tomorrow.
American Best Food, Inc., et al. v. Alea London, LTD., No. 80753-1 (briefs and argument). The issue here, as summarized by TVW, is whether an insurer must defend its insured in a case involving its negligence that occurred after an assault when the contract excludes coverage for injuries “arising out of” assaults?)
Columbia Physical Therapy v. Benton Franklin Orthopedic Associates, No. 81734-1 (briefs and argument). Columbia sued Benton on several grounds, all related to whether a physician-owned company providing orthopedic services can employ physical therapists. Both parties agree on the facts of the case, but differ on the applicable laws and cases. The trial court issued summary judgment on some of the issues and certified them to the Court of Appeals, and the parties asked for discretionary review. The Court refused the review, stating that the parties disagreed on what issues they wanted the Court to review.
The parties appeal to the Supreme Court, arguing that the denial of review departed so far from the "accepted and usual course of judicial proceedings as to call for the exercise of revisory jurisdiction" by the high court.
(Supreme Court judicial candidate Charlie Wiggins represented and argued for Columbia Physical Therapy.)