News & Analysis as of

Commercial General Liability Policies WA Supreme Court

Pillsbury - Policyholder Pulse blog

Heads I Win, Tails You Lose: Washington Supreme Court Rejects Insurers’ Efforts to Sell Illusory Insurance Coverage

Courts don’t look kindly upon insurance company shell games. In Preferred Contractors Ins. Co. v. Baker & Son Construction, the Washington Supreme Court slapped down an insurer’s attempt to manipulate the type of general...more

Cozen O'Connor

Washington Supreme Court Holds Certain Hybrid Occurrence/Claims-Made and Reported Policies May Violate Public Policy

Cozen O'Connor on

“We cannot enforce insurance provisions that render coverage so narrow it is illusory.” The Washington Supreme Court used this reasoning to hold that a contractor’s commercial general liability policy was unenforceable where...more

Rivkin Radler LLP

Insurance Update - September 21 2022

Rivkin Radler LLP on

Some important insurance decisions were handed down over the past month. We begin in Ohio, where public nuisance claims by state and local governments over opioids and lead paint were on full display. In Acuity, the...more

Cozen O'Connor

Washington Supreme Court: Hybrid Claims-Made and Occurrence CGL Policy Unenforceable

Cozen O'Connor on

On August 11, 2022, the Washington State Supreme Court, answering a certified question from the U.S. District Court for the Western District of Washington, held that a contractor’s commercial general liability insurance...more

Hinshaw & Culbertson - Insights for Insurers

Washington Supreme Court Strikes Down A “Claims-Made” Policy Issued To A Contractor On Public Policy Grounds

Preferred Contractors Insurance Company Risk Retention Group, LLC v. Baker and Son Construction, Inc., 2022 Wash. LEXIS 426 ( Aug. 11, 2022) - Traditionally, general liability insurance contracts were “occurrence-based”...more

White and Williams LLP

The Complex Insurance Coverage Reporter – A Year in Review

White and Williams LLP on

Welcome to CICR’s annual review of insurance cases. Here, we spotlight five (actually, seven) decisions from the last year that you should know about, and five pending cases—all before state high courts—to keep an eye on. The...more

Bradley Arant Boult Cummings LLP

More than Meets the Eye: Policy Exclusion May Not Apply When Initial Event is Covered Occurrence - Construction and Procurement...

In a 2017 opinion, Xia v. ProBuilders Specialty Insurance Company, the Washington State Supreme Court analyzed whether an insurer breached its duty of good faith and fair dealing in refusing to defend its contractor insured...more

Perkins Coie

Absolute Pollution Exclusion—Not So Absolute

Perkins Coie on

Slapping insurers with breach of contract and bad faith, Washington state’s highest court recently found that a general liability policy’s so-called “absolute” pollution exclusion may not be so absolute. In Xia et al. v....more

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