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HeadsUp for Washington State: Court Opinions From Tuesday, July 22, 2014

Tuesday, July 22, 2014 

To view the full text of these opinions, please visit: or Lexis subscribers may use the links below to access the cases on either or Lexis Advance. 

Division Two of the Court of Appeals filed 2 new published opinions and withdrew 1 opinion on Tuesday, July 22, 2014. No new published opinions were filed and no opinions were ordered published by Division Three of the Court of Appeals.

Division Two:

1. In re Estate of Henington 
No. 44246-9   
(July 22, 2014)
2014 Wash. App. LEXIS 1797 (

2014 Wash. App. LEXIS 1797 (Lexis Advance)


Brief: The personal representative of the decedent's estate challenges the trial court's order closing the estate and distributing its assets to her heirs, arguing that the trial court erred when it denied three creditors' claims as time barred. The Court of Appeals holds that the filing of creditors' claims did not toll the statute of limitations; however, because there is insufficient evidence in the record regarding the exact nature of the claims, the court remands to the trial court to determine whether they are time barred.

2. Kreidler v. Cascade Nat'l Ins. Co.
No. 44745-2   
(July 22, 2014)
2014 Wash. App. LEXIS 1798 (

2014 Wash. App. LEXIS 1798 (Lexis Advance)


Brief: The trial court properly granted summary judgment in favor of the Washington State Insurance Commissioner as receiver for the liquidated insurance company, rejecting the arguments that (1) the amount due to the Commissioner was overstated because the Commissioner failed to credit the insurance company's agent for certain set-offs and relied on a contractual formula that was imposed without the agent's knowledge, and (2) the Commissioner's expert witness lacked foundation.

3. In re Welfare of H.Q. 
No. 44649-9 
(Filed March 25, 2014; withdrawn July 22, 2014) 

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