Judge: ‘Your Work’ Exclusion Bars Insurer’s Duty To Defend Construction Defect Claims
(September 23, 2015, 12:32 PM EDT) -- SEATTLE — An insurer has no duty to defend underlying construction defect claims because the policy’s “residential construction,” “your work” or “injury or damage in progress” exclusions preclude coverage, a Washington federal judge ruled Sept. 21, also granting summary judgment to the insurer on counterclaims for bad faith and reformation (Berkshire Hathaway Homestate Insurance Co. v. SQI, Inc., et al., No. 14-0868, W.D. Wash.; 2015 U.S. Dist. LEXIS 126039).
(Order available. Document #69-151002-020R.)
In 2001, developer Admiral Way, LLC hired Ledcor Industries (USA) Inc. as the...