The Homeowners Association at a nine-building, 62-unit condominium in Kent, Washington discovered previously-hidden damage during a limited siding-replacement project. A subsequent investigation revealed extensive damage and the need to remove and replace all the siding, sheathing, weather-resistive barrier, windows, and sliding doors; repair damaged framing; and remove and replace the…
A Minnesota-based contractor was sued over injuries allegedly sustained due to exposure to raw sewage that was forcibly ejected from a toilet in a Belfair, Washington business. The contractor’s liability insurer sued the contractor in federal court in Minnesota, arguing that the policy’s fungi and bacteria and pollution exclusions barred…
A company specializing in installation of industrial flooring was required to reinstall a clean-room floor in a manufacturing facility three times due to faulty materials from a supplier. The general contractor made a claim for reimbursement of its expenses covering the first two reinstallations. The subcontractor’s general liability insurer agreed…
Former board members and staff representatives of a membership-based, not-for-profit Cooperative were sued over a board resolution that many of the Cooperative’s members opposed. The Cooperative’s Directors and Officers insurer refused to defend the former board members and representatives based on information that was not in the complaint—the insurer had…
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 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…
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…
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