Oregon High Court: Revised Defects Settlement Cannot Create Insurer’s Liability
(October 19, 2015, 12:56 PM EDT) -- PORTLAND, Ore. — Under a settlement agreement over alleged construction defects, a condominium association and a builder did not have the authority to amend the agreement to retroactively recover the $1.1 million liability of the builder’s insurer that was previously eliminated in their original agreement, the Oregon Supreme Court ruled Oct. 8 (A&T Siding, Inc. v. Capitol Specialty Insurance Corp., No. 39, Ore. Sup.; 2015 Ore. LEXIS 722).
(Opinion available. Document #69-151030-007Z.)
The Brownstone Homes Condominium Association sued A&T Siding Inc., alleging that it “discovered defects...