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Belmain Place Condominium Owners Association v. American Insurance Company

United States District Court, W.D. Washington, Seattle

September 4, 2019

BELMAIN PLACE CONDOMINIUM OWNERS ASSOCIATION, Plaintiff,
v.
AMERICAN INSURANCE COMPANY, Defendant.

          ORDER ON MOTION FOR PARTIAL SUMMARY JUDGMENT

          MARSHA J. PECHMAN UNITED STATES SENIOR DISTRICT JUDGE.

         The above-entitled Court, having received and reviewed:

1. Plaintiff's Motion for Partial Summary Judgment (Dkt. No. 20),
2. Defendant's Response to Plaintiff's Motion for Partial Summary Judgment (Dkt. No. 23),
3. Plaintiff's Reply in Support of Motion for Partial Summary Judgment (Dkt. No. 25), all attached declarations and exhibits, and relevant portions of the record, rules as follows:

         IT IS ORDERED that the motion is DENIED.

         Background

         Defendant American Insurance Company insured Plaintiff Belmain Condominium Association's building from 2008 through 2016. There is no dispute that the policy language at issue was the same in all the policies issued by Defendant over this period.

         The following provisions of the insurance contract are the subject of the lawsuit. These provisions are contained in endorsements which Defendant attached to the policies, endorsements which changed the lead-in paragraphs to all the exclusions contained in the policies. First is an endorsement entitled “Washington Changes -- Excluded Causes of Loss, ” which states

[I]n the sections titled Covered Causes of Loss or Exclusions, any introductory paragraph preceding an exclusion or list of exclusions is replaced by the following paragraph, which pertains to application of those exclusions:
We will not pay for loss or damage caused by any of the excluded events described below. Loss or damage will be considered to have been caused by an excluded event if the occurrence of that event:
a. Directly and solely results in loss or damage; or
b. Initiates a sequence of events that results in loss or damage, regardless of the nature of any intermediate or final event in that sequence.

Dkt. No. 21, Decl. of McIsaac, Ex. H. Additionally, the policies state that the defective construction/maintenance exclusion (B.3.c. in the original Causes of Loss provision of the policy) is

replaced by exclusion in paragraph C.2. below:
C. 2. Exclusions
b. Faulty, inadequate or defective:
(1) Planning, zoning, development, surveying, ...

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