Court Rules Liability Insurer that Breached Its Duty to Defend Cannot “Cure”

By | Charles Davis, Insurance Coverage

A commercial general liability insurer refused to defend its policyholder even though the complaint against the policyholder alleged potentially covered claims.  A year later, after a default judgment was entered against the policyholder, the insurer reconsidered its denial and tried to assume the policyholder’s defense.  A judge in the Western…

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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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