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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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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NW Lawyer Publishes Article by Harper│Hayes Attorney Thom Williams

By | Thom Williams, Insurance Coverage

The Washington State Bar Association published an article by Harper│Hayes attorney Thom Williams in the December 2017 issue of its “NW Lawyer” magazine.  The article—“Fortune Favors the Insured: The Wide-Reaching Impact of Xia v. ProBuilders”—analyzes a recent coverage decision from the Washington Supreme Court. It’s available at: http://nwlawyer.wsba.org/nwlawyer/dec_2017_jan_2018?pg=23#pg23

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Harper│Hayes Attorney Thom Williams to Present at NBI’s Seminar on Commercial General Liability Policies

By | Thom Williams, Insurance Coverage

On December 14, 2017, Harper│Hayes PLLC attorney Thom Williams will join six other attorneys from Seattle’s legal community as faculty for the National Business Institute’s seminar, “Commercial General Liability Policy: The Complete Guide.” Thom’s presentation will focus on an insurer’s duties to defend, indemnify, and settle. Register now or order…

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Harper│Hayes Obtains Multi-Million Dollar Settlement for Condominium Association Client on the Eve of Trial

By | Greg Harper, Thom Williams, Insurance Coverage, Construction Defects

In 2016, the President of the Board of a large condominium contacted the firm, initially inquiring whether insurance would cover water damage to 80,000 square feet of roof structure. Investigation revealed that the water intrusion was caused by the defective work of the roofing contractor that installed the roofing system…

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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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Harper | Hayes Negotiates Multi-Million Dollar Settlement in Favor of Local Business in Environmental Insurance Coverage Action

By | Greg Harper, Thom Williams, Insurance Coverage

In 2014, a local equipment rental business was sued in an environmental lawsuit involving the cleanup of hazardous materials that had purportedly been released as far back as the 1950s. The business retained Harper | Hayes, which secured a dismissal of the cleanup lawsuit and brought a separate coverage lawsuit…

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