Graff v. Allstate Insurance

113 Wash. App. 799
CourtCourt of Appeals of Washington
DecidedOctober 4, 2002
DocketNo. 28176-7-II
StatusPublished
Cited by47 cases

This text of 113 Wash. App. 799 (Graff v. Allstate Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Graff v. Allstate Insurance, 113 Wash. App. 799 (Wash. Ct. App. 2002).

Opinion

Bridgewater, J.

— Allstate Insurance Company appeals the grant of summary judgment and attorney fees in favor of the plaintiff, Harry Graff, an Allstate policyholder, on his breach of contract claim. After a tenant’s methamphetamine laboratory damaged his rental house, Graff filed a [801]*801claim with Allstate for his cleanup expenses. Allstate denied Graff’s claim, citing the policy’s contamination exclusion. We hold that operation of a methamphetamine laboratory is vandalism, a covered event under the policy, and the claim is not barred due to the contamination exclusion. We affirm.

Graff owns a house in the city of Tacoma, which he rented to Steven Miller during the fall of 1999. In November 1999, Tacoma police officers executed search warrants for Miller’s vehicles and residence, i.e., Graff’s rental house.

Miller’s vehicles “contained evidence of the illegal manufacturing of methamphetamine.” Clerk’s Papers (CP) at 68. The house contained “a quantity of suspected methamphetamine, documents in [Miller’s] name ..., drug paraphernalia, a respirator, a chemistry book, and a ... to do list that stated ‘toluene clean up’.” CP at 72. Police officers also found several baggies that field tested positive for methamphetamine. A woman found hiding in the house stated that Miller had manufactured methamphetamine in the attic but moved his lab to another location earlier that day.

Graff went to the house the day after the search; he saw no visible damage from Miller’s methamphetamine lab, only doors that the police broke during the search. But the city of Tacoma inspected the house, found it unsanitary because it was used as a methamphetamine lab, and classified it as “derelict.” CP at 14-18. Consequently, Graff could not rent the house until he remedied the situation.

Graff repaired the house at his own expense. He replaced the carpet, painted, and hired an environmental firm to clean up the methamphetamine residue. In January 2000, the city of Tacoma notified Graff that the repairs were satisfactory. Graff then filed a claim with Allstate for reimbursement of his cleanup expenses. Allstate denied the claim, advising Graff that his insurance policy excluded “contamination” as a cause of loss. CP at 30-31, 82.

[802]*802Graff sued Allstate for breach of contract. On cross-motions for summary judgment, the trial court held in favor of Graff on his breach of contract claim, finding that his insurance policy covered the cleanup expenses. Graff had argued that Bowers v. Farmers Insurance Exchange, 99 Wn. App. 41, 991 P.2d 734 (2000), was controlling.

Subsequently, the trial court entered judgment against Allstate for Graff’s cleanup expenses and loss of rents. The court also awarded Graff his attorney fees.

I. Standard of Review

A. Summary Judgment

This court reviews summary judgment de novo, International Brotherhood of Electrical Workers, Local Union No. 46 v. Trig Electric Construction Co., 142 Wn.2d 431, 434-35, 13 P.3d 622 (2000), cert. denied, 532 U.S. 1002 (2001), and may affirm on any basis the record supports. Redding v. Virginia Mason Med. Ctr., 75 Wn. App. 424, 426, 878 P.2d 483 (1994). Summary judgment is appropriate only if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. CR 56(c).

We must also consider all facts submitted and all reasonable inferences from them in the light most favorable to the nonmoving party. Wilson v. Steinbach, 98 Wn.2d 434, 437, 656 P.2d 1030 (1982). A question of fact may be determined as a matter of law when reasonable minds could reach but one conclusion from the evidence presented. Cent. Wash. Bank v. Mendelson-Zeller, Inc., 113 Wn.2d 346, 353, 779 P.2d 697 (1989). Moreover, when the moving party meets his initial burden of showing the absence of an issue of material fact, the burden shifts to the nonmoving party to make a showing sufficient to establish the existence of an element essential to that party’s case. Young v. Key Pharms., 112 Wn.2d 216, 225, 770 P.2d 182 (1989).

B. Policy Construction

Interpreting an insurance policy is a matter of law. McDonald v. State Farm Fire & Cas. Co., 119 Wn.2d 724, 730, 837 P.2d 1000 (1992). And we interpret an insurance [803]*803policy to give effect to each of its provisions. McDonald, 119 Wn.2d at 734.

Whether coverage exists is a two-step process. McDonald, 119 Wn.2d at 731. The insured must prove that the policy covers his loss. Thereafter, to avoid coverage, the insurer must prove that specific policy language excludes the insured’s loss. Ultimately, however, “[t]he court determines coverage by characterizing the perils contributing to the loss, and determining which perils the policy covers and which it excludes.” Bowers, 99 Wn. App. at 44.

II. Coverage

A. Loss Characterization

Allstate contends that the policy’s contamination exclusion bars Graff’s claim. Graff, however, asserts that the vandalism and malicious mischief clause covers his loss under Bowers, 99 Wn. App. 41.

Graff’s insurance policy covered “all risks of physical loss” to his rental house, CP at 111, but excluded the following:

4. Wear and tear; marring; scratching; deterioration; inherent vice; latent defect; mechanical breakdown; rust; mold; wet or dry rot; contamination-, smog; smoke from agricultural smudging or industrial operations; settling, cracking, shrinking, bulging, or expansion of pavements, patios, foundations, walls, floors, roofs, or ceilings; birds, vermin, rodents, insects or domestic animals ....
7. Vandalism and Malicious Mischief... if the dwelling has been vacant for more than 30 consecutive days immediately prior to the loss.

CP at 112 (emphasis added). In short, Graff’s policy bars a claim for contamination but generally covers both vandalism and malicious mischief.

Allstate first argues that contamination caused Graff’s loss because (1) Graff initially presented his loss as a contamination claim (letter to Allstate from Graff’s attorney stating that Graff “incurred costs necessary to [804]*804cleanQup the contamination.” CP at 28), (2) a city of Tacoma building inspector found that Graff’s house was “contaminated” by the methamphetamine lab, (3) Graff hired an environmental firm to decontaminate his house, and (4) the health department found that Graff had corrected the methamphetamine contamination. Allstate reasons that an alternate reading of the policy would nullify the contamination exclusion. See McDonald,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Washington State University v. Factory Mutual Ins. Co.
Court of Appeals of Washington, 2025
Kaiser v. Allstate Indemnity Co.
307 Neb. 562 (Nebraska Supreme Court, 2020)
Boualem Habib v. Matson Navigation Co.
Court of Appeals of Washington, 2018
Bjugan v. State Farm Fire & Casualty Co.
969 F. Supp. 2d 1283 (D. Oregon, 2013)
Mangat v. Snohomish County
308 P.3d 786 (Court of Appeals of Washington, 2013)
HoneyBaked Foods, Inc. v. Affiliated FM Insurance
757 F. Supp. 2d 738 (N.D. Ohio, 2010)
DeVeny v. Hadaller
139 Wash. App. 605 (Court of Appeals of Washington, 2007)
American States Insurance v. Rancho San Marcos Properties, L.L.C.
123 Wash. App. 205 (Court of Appeals of Washington, 2004)
American States Ins. Co. v. Rancho San Marcos Properties, LLC
97 P.3d 775 (Court of Appeals of Washington, 2004)
Wells Fargo Bank Minnesota v. Vincent
93 P.3d 173 (Court of Appeals of Washington, 2004)
Commonwealth Ins. Co. v. GRAYS HARBOR
84 P.3d 304 (Court of Appeals of Washington, 2004)
Commonwealth Insurance Co. of America v. Grays Harbor County
84 P.3d 304 (Court of Appeals of Washington, 2004)
Vallandigham v. Clover Park School Dist.
79 P.3d 18 (Court of Appeals of Washington, 2003)
Vallandigham v. Clover Park School District No. 400
79 P.3d 18 (Court of Appeals of Washington, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
113 Wash. App. 799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graff-v-allstate-insurance-washctapp-2002.