Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

160 Lee Street Condominium Homeowners' Association v. Mid-Century Insurance Co.

United States District Court, W.D. Washington

April 27, 2018

160 LEE STREET CONDOMINIUM HOMEOWNERS' ASSOCIATION, Plaintiff,
v.
MID-CENTURY INSURANCE COMPANY, Defendant.

          ORDER GRANTING IN PART AND DENYING IN PART CROSS-MOTIONS FOR SUMMARY JUDGMENT; GRANTING IN PART AND DENYING IN PART MOTIONS TO STRIKE

          Marsha J. Pechman United States Senior District Court Judge

         THIS MATTER comes before the Court on Plaintiffs' Motion for Partial Summary Judgment (Dkt. No. 23) and Defendant's Cross-Motion for Summary Judgment (Dkt. No. 27) and Motions to Strike (Dkt. Nos. 27, 39). The Court has reviewed the Motions (Dkt. Nos. 23, 27), the Responses (Dkt. Nos. 27, 32), the Replies (Dkt. Nos. 35, 36) the Surreply (Dkt. No. 39), and all related papers. The Court declines to hear oral argument on the matter.

         Background

         Plaintiff 160 Lee Street Condominium Homeowners' Association (“160 Lee Street”) is the owner of a condominium in Seattle, Washington (the “condominium”) that was damaged by fire. At the time of the fire, the condominium was insured by Defendant Mid-Century Insurance Company (“Mid-Century”). While the parties do not dispute that the condominium was covered on the date of the fire, they disagree as to whether the terms of the insurance policy (the “policy”) required Mid-Century to cover various repair, replacement, and incidental costs. Plaintiff filed this action seeking declaratory judgment as to Mid-Century's liability for these costs, and alleging claims for (1) breach of contract; (2) insurance bad faith; (3) violation of the Washington Consumer Protection Act (“WCPA”); and (4) violation of Washington's Insurance Fair Conduct Act (“IFCA”).[1] (Dkt. No. 22 at ¶¶ 4.1-20.)

         The Mid-Century Policy:

         The policy provided “all risk” coverage, effective February 1, 2015 through February 1, 2016. (Dkt. No. 23 at 2.) Relevant provisions of the policy include the following:

         A. COVERAGE

We will pay for direct physical loss of or damage to Covered Property at the premises described in the Declarations caused by or resulting from any Covered Cause of Loss.
1. COVERED PROPERTY
Covered property, used in this policy, means . . . Building and structure described in the Declarations . . .
2. PROPERTY NOT COVERED
Covered Property does not include: . . . Fences, walls, walks, driveways . . .
3. COVERED CAUSES OF LOSS Risks of Direct Physical Loss unless the loss is [excluded or limited herein]. . . .
5. ADDITIONAL COVERAGES . . . Extra Expense
(a) We will pay necessary Extra Expense you incur during the “period of restoration” that you would not have incurred if there had been no direct physical loss or damage to property at the described premises. The loss or damage must be caused by or result from a Covered Cause of Loss.
(b) Extra Expense means expense incurred:
(i) To avoid or minimize the suspension of business and to continue “operations” . . .
(ii) To minimize the suspension of business if you cannot continue “operations”.
(iii) To:
i. Repair or replace any property; or ii. Research, replace or restore the lost information on damaged “valuable papers and records”.
We will only pay for Extra Expense that occurs within 12 consecutive months after the date of direct physical loss or damage. . . .

(Dkt. No. 24, Ex. 1 at 12-14, 17.) A policy endorsement titled “Washington Changes - Condominium Policy” reflects a “Property Loss Condition - Loss Payment” which provides:

         In the event of loss or damage . . . at our ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.