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Recent News / Blog
Washington Court of Appeals Weighs in on Ensuing Loss
On December 19, 2022, in The Gardens Condo. v. Farmers Ins. Exch., 83678-1-I, the Washington Court of Appeals, Division One, held that the ensuing loss provision contained in an exclusion for faulty design and construction preserved coverage for resulting losses that...
Preferred Contractors Ins. Co., Risk Retention Grp., LLC v. Baker & Son Contr., Inc.
Supreme Court Says Occurrence Policies and Non-Retroactive Claims Made and Reported Requirements Don’t Mix The Washington Supreme Court has held that an occurrence-based policy endorsed with a non-retroactive claims made and reported endorsement issued to a contractor...
Washington Supreme Court Rules in Favor of Builders’ Risk Insurers in Seattle Tunnel Project Coverage Dispute
In a unanimous decision, the Washington Supreme Court held in Seattle Tunnel Partners, et al v. Great Lakes Reinsurance (UK) PLC, et al. No. 100168-1 (September 15, 2022) that under the Builders Risk Policy naming both Seattle Tunnel Partners (“STP”) and the...
Washington Supreme Court Rules Covid-19 Proclamation Related Loss Does Not Trigger Coverage
In a unanimous decision, the Washington Supreme Court held in Hill and Stout, PLLC v. Mutual of Enumclaw Insurance Company, No. 100211-4 (August 25, 2022) that the phrase “direct physical loss of . . . property” in a property insurance policy does not include...