Volume 14 — Washington Appellate Reports

<bold>[1] Insurance — Duty To Defend — Accrual of Duty —</bold> <bold>Determination.</bold> An insurer's duty to defend an insured against a lawsuit arises at the time a complaint is filed. The duty exists with respect to a particular lawsuit when the allegations of the complaint, if proved, would render the insurer liable under its policy. <bold>[2] Insurance — Duty To Defend — Multiple Claims — Segregation.</bold> An insurer who has a duty to defend at least one part of an action against an insured is liable for the cost of the entire defense when there is no reasonable means of segregating the cost of defending against claims covered under the policy from those that are not. <bold>[3] Interest — Liquidated Claim — Attorneys' Fees — Oral</bold> <bold>Judgment.</bold> A claim for attorneys' fees incurred in a lawsuit is liquidated, for purposes of awarding interest on such amount, at the time a judgment is formally entered in the action and not the time an oral judgment may have been stated.<page_number>Page 574</page_number>

<bold>[1] Arrest — Custodial Arrest — Minor Offenses — Validity.</bold> A custodial arrest, as opposed to issuing a citation, is proper for a minor traffic violation if it is reasonable. Reasonableness is determined upon the basis of all the facts and circumstances of each particular case. <bold>[2] Searches and Seizures — As Incident to Arrest — Minor</bold> <bold>Offense.</bold> A full body search as incident to the custodial arrest of a person for a trivial violation is proper when reasonable under the circumstances. A precautionary weapons search may reasonably be a part of a routine arrest procedure. <bold>[3] Searches and Seizures — Search for Weapons — Scope.</bold> In a search of a person for weapons, officers may make a reasonable examination of any item encountered in the search without regard to its apparent lethal nature. Property seized incident to a lawful arrest may be used in prosecuting the arrestee for crimes other than the one occasioning the arrest.