Illusory “Claims-Made” Commercial General Liability Policy Requiring Loss and Claim to Occur in the Same Year Unenforceable

In August 2022, the Washington State Supreme Court issued an important opinion impacting coverage afforded to contractors under commercial general liability (CGL) policies. The Court held as a matter of first impression in Preferred Contractors Insurance Company v. Baker and…

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Washington Supreme Court Significantly Limits General Contractors’ Liability for Jobsite Injuries to Subcontractor Employees

Owners and General Contractors generally have a duty to provide a safe workplace.  But does that duty mean that an Owner or General Contractor is automatically liable for the actions of its Subcontractors when a Subcontractor’s employee suffers an injury…

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Washington Rejects Insurers’ Clever Attempts to Draft Around the Efficient Proximate Cause Rule

The Washington Supreme Court recently issued a new decision that restricts insurance companies with regard to their longstanding attempts to exclude pollution-related losses and draft around Washington’s “efficient proximate cause” rule. Xia v. Probuilders Specialty Ins. Co., et al. In…

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“Continuous or Progressive” Damage Exclusion under Commercial General Liability Policies Leads to Catch-22 for Builders and Developers

Commercial General Liability (“CGL”) Insurance policies generally cover an insured for costs the insured becomes obligated to pay due to “bodily injury” or “property damage.”  Thus, on their face, CGL policies appear to cover an insured for a host of…

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