- Wrongful DeathThe Washington Supreme Court has held that an occurrence-based policy endorsed with a non-retroactive claims made and reported endorsement issued to a contractor violates Washington’s public policy as expressed in RCW 18.27.050 and 18.27.140. The case arose out of the death of a subcontractor’s employee. The employee’s spouse filed a wrongful death claim against the general contractor. Preferred Contractors, the general contractor’s insurer, filed a declaratory judgment action in federal court seeking a ruling that it had no duty to defend or indemnify because the injury had occurred during one policy period, while the claim was first made during the next policy period.
- Assault
- Employment DiscriminationWith respect to the second question certified to the Court, the Court again looked to its recent rulings in Floeting. In Floeting, the Court held that sexual harassment is a form of sex discrimination. 192 Wn.2d at 853; see also id. at 862-63 (Madsen, J., dissenting) (agreeing that “sexual harassment...is a form of sex discrimination” (citing Glasgow v. Ga.-Pac. Corp., 103 Wn.2d 401, 405, 693 P.2d 708 (1985))). In answering the second certified question in the affirmative, the Court found that because sexual harassment is a form of sex discrimination, so, too is intentional sexual misconduct, including physical abuse and assault.
- Employment Litigation
- Sexual Harassment
- Property DamageSeattle Tunnel Partners, et al v. Great Lakes Reinsurance (UK) PLC, et al. No. 100168-1 (September 15, 2022) that under the Builders Risk Policy naming both Seattle Tunnel Partners (“STP”) and the Washington Department of Transportation (“WSDOT”) as insureds that: (1) the Policy’s Mechanical Breakdown Exclusion (“MBE”) excluded coverage for property damage to the Tunnel Boring Machine (“TBM”) caused by any alleged design defects; (2) the Policy did not afford coverage for losses due to project delays; and (3) the loss of use or functionality of the tunnel did not constitute “direct physical loss, damage or destruction” covered under the Policy.
- Personal InjuryOur experienced litigation group represents a wide variety of clients from individuals to Fortune 500 companies in litigation filed in state and federal courts, in areas including product liability, asbestos exposure, personal injury, commercial litigation, and a variety of complex disputes.