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…
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
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…
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…
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…
A garage fire destroyed two award-winning antique cars and a collection of expensive memorabilia. The owner’s property insurer paid for the damage to the garage, but not the cars or memorabilia. When the owner sued the party responsible for the fire, the insurer intervened, and ultimately recovered more than the…
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