Court Rules Insurer that Waited To Take Coverage Position Until After Being Sued Acted in Bad Faith, Cannot “Cure”

By | Greg Harper, Thom Williams, Insurance Coverage

A liability insurer failed to take a coverage position for over a year after its policyholder requested a defense. Two weeks after being sued, the insurer offered to defend, then argued its belated offer “cured” any breach of its duty to defend. On summary judgment, a Western District of Washington…

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High Rise Condominium Nets Seven Figures for “Water Damage” Repairs

By | Todd Hayes, Thom Williams, Insurance Coverage

Homeowners at a condominium in downtown Seattle recently discovered water damage inside the roof of their condominium. The condominium association retained Harper│Hayes to file a lawsuit against the association’s property insurer, which had denied coverage. Soon after the firm launched a summary judgment motion—arguing the loss was covered and the…

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Harper│Hayes Lawyers Obtain Summary Judgment Order that Property Insurance Policies Cover “Faulty Maintenance” and “Wind-Blown Rain”

By | Todd Hayes, Charles Davis, Insurance Coverage

A King County Superior Court judge recently ruled that a condominium association’s property insurance policies cover “faulty maintenance,” “wind-blown rain,” and “faulty construction.” The Court also decided that because the policies lacked a so-called “inverse efficient proximate cause” provision, “the Policies cover damage resulting from the combination of excluded and…

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Court Rules Property Insurance Policy Covers “Faulty Construction,” “Faulty Maintenance,” and “Wet or Dry Rot”

By | Todd Hayes, Charles Davis, Insurance Coverage, Construction Defects

Harper│Hayes PLLC lawyers recently obtained a summary judgment ruling that a condominium association’s property insurance policy covers damage from “faulty construction,” “faulty maintenance,” and “wet or dry rot.” In Westridge Townhomes Owners Association v. Great American Assurance Company, C16-1011RSM, 2017 WL 4957634 (W.D. Wash., October 31, 2017), the Court ruled…

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Harper | Hayes Secures $4 Million Property Insurance Recovery

By | Todd Hayes, Insurance Coverage, Construction Defects

Harper│Hayes PLLC lawyers recently negotiated a $4 million recovery for a high rise apartment owner in Seattle. The owner was seeking coverage from its property insurer for water-related damage to the structural elements of the owner’s steel and concrete building. Harper│Hayes PLLC lawyers successfully argued the client’s “all-risk” insurance policy…

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