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Division 1 Court of Appeals

Rosalinda Herrera Heredia, Et Al v. Quang Vuong, Et Al

 

Plaintiffs filed a complaint against the apartment owners and VIP International Real Estate Group, after a fire damaged the apartment building and they suffered injuries and loss of property. VIP’s insurer, Continental Casualty Insurance Co. (CNA) indicated it would defend VIP under a reservation of rights assuming certain facts were true.

 

The parties entered into an agreement after a mediation that CNA did not attend. The trial court preliminarily approved the settlement agreement and plaintiffs received payment from defendants for a portion of the settlement. CNA later intervened and a different trial court judge found the CR 2A agreement unreasonable. The owners moved to enforce the arbitration provision of the agreement. Plaintiffs opposed the motion. The trial court ruled the settlement agreement was unconscionable and denied the motion to compel arbitration. Defendants appeal. COA# 882538. King County Superior Court# 22-2-02836-0 KNT.