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 property insurance policy’s suit limitation clause stated that a condominium association had to file a lawsuit against its insurer within one year after discovering its loss. The association failed to meet the one-year deadline, and a King County trial court dismissed the association’s lawsuit—including its claims for statutory bad…
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…
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…
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…
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…
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…
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…
Todd Hayes, a member of Harper | Hayes, published an article in the July 16, 2009 edition of the Daily Journal of Commerce. The article is titled “10 Insurance Tips for Contractors and Developers.” Todd represents contractors, developers, and other policyholders in insurance coverage litigation, construction defect litigation and appeals….
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