A large chuck of concrete broke off of an eight-foot internal diameter pipe segment during its installation into a contractor’s micro-tunnel underneath Seattle’s Ship Canal, allowing water to flood the tunnel. A later investigation revealed flaws in the broken pipe segment, as well as similar flaws with approximately 80 other…
A prominent Seattle-based general contractor was sued relating to roof issues at a mixed-use project in South Lake Union. The general contractor’s liability insurer defended the lawsuit and paid to resolve it, but denied the general contractor’s claim under the Policy’s “Supplementary Payment” provision for reimbursement of its own costs…
A developer and general contractor of high-end homes in the Seattle area was sued by the estate of a worker who had died after falling at one of the developer’s projects. The developer’s liability insurer agreed to defend the lawsuit, but denied any indemnity obligation to pay the final judgment…
A leading manufacturer of steel building products agreed to provide complete design and engineering as well as labor and materials to construct five pre-engineered metal buildings in Snohomish, Washington. After a dispute arose with the Project Owner over allegedly defective and non-conforming work, the manufacturer sought insurance coverage from its…
After a tenant passed away in one of its properties, a landlord discovered several incomplete and unauthorized modifications made by the tenant which compromised the structural integrity of the building. The landlord’s property insurer denied coverage, asserting that the modifications were did not constitute covered vandalism because the modifications were…
The City of Burien sued the owners of a historic waterfront property after the homeowners removed plants that allegedly damaged an adjacent steep-slope hillside. The homeowners tendered the City’s claim to their liability insurer, which claimed it could not accept or reject the request for insurance benefits pending the insurer’s…
A home located on Perkins Lane in Magnolia was damaged by a large set of concrete stairs that was negligently dropped by a contractor on a steep hillside above the home. The homeowner’s property insurer paid for some, but not all, of the damage. When the homeowner sued to the…
A general contractor tendered a claim as an “additional insured” to its subcontractor’s liability insurer. The insurer denied any duty to defend or indemnify on grounds that the general contractor was not an additional insured and that the insurer had no coverage obligations until the subcontractor satisfied a $500,000 self-insured…
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…
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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