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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“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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