Unanimous State Very best Courtroom: Nonretroactive Claims-Made Insurance coverage Insurance policies Are Unenforceable

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Addressing a subject of first impact posed in a licensed query from the U.S. District Courtroom for the Western District of Washington, the Washington State Very best Courtroom has dominated {that a} contractor’s business basic legal responsibility insurance plans was once unenforceable as it failed to supply potential or retroactive protection.

In an Aug. 11 opinion, the prime court docket unanimously held that the insurance plans issued to Baker and Sons Building Inc. from Most popular Contractors Insurance coverage Corporate violated Washington’s public coverage as a result of it failed to supply potential or retroactive protection and created restricted one-year home windows for claims to happen and be reported.

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