Jason Morris | PropertyCasualtyFocus | July 14, 2017 In April, a federal district court in the Western District of Washington issued a decision in National Union Fire Insurance Co. v. Zillow, Inc.While at first blush, it may seem only of interest to those who work with media policies, this decision has potential broader application. In short,… Continue reading Washington Federal Court Rejects Policyholder’s “Separate Claim” Argument
Tag: Washington
Poisoning the Well: Washington Supreme Court Applies Efficient Proximate Cause to Eviscerate Pollution Exclusion in Liability Policy
Meredith Whigham Caiafa | PropertyCasualtyFocus | July 7, 2017 Professionals and practitioners in first party property insurance are likely familiar with the efficient proximate cause rule, which requires an insurance policy to provide coverage where “a covered peril sets in motion a causal chain,” even if subsequent causes-in-fact of the loss are excluded by the… Continue reading Poisoning the Well: Washington Supreme Court Applies Efficient Proximate Cause to Eviscerate Pollution Exclusion in Liability Policy
Washington Supreme Court Applies Efficient Proximate Cause Test to Pollution Exclusion
Traub Lieberman Straus & Shrewsberry LLP | May 2, 2017 In its recent decision in Xia v. ProBuilders Specialty Ins. Co. RRG, 2017 Wash. LEXIS 443 (Wash. Apr. 27, 2017), the Supreme Court of Washington had occasion to address the concept of efficient proximate cause as it relates to the application of a pollution exclusion.… Continue reading Washington Supreme Court Applies Efficient Proximate Cause Test to Pollution Exclusion
Washington State Ruling Heightens Liability Risk for Design Professionals
Ross Siler | Government Contracts Insider | October 4, 2016 Recently, the Washington Court of Appeals potentially expanded the scope of tort duties owed by design professionals. In a May decision, the court held that an engineer’s duty of care to developers and property owners encompasses “the prevention of safety risks” even when no personal… Continue reading Washington State Ruling Heightens Liability Risk for Design Professionals
More Common Sense: Coverage for Collapse Requires More Than an Engineer’s Finding of Substantial Impairment
Craig Bennion | Property Insurance Law Observer | July 15, 2016 In February this blog commented on Washington State’s newly-adopted definition of “collapse” in property insurance policies that contain no specific definition of the term. (Observer, February 8, 2016, Common Sense Prevails: State of Collapse Nonexistent Thirteen Years before Discovery of Decay) At issue was… Continue reading More Common Sense: Coverage for Collapse Requires More Than an Engineer’s Finding of Substantial Impairment