Unanimous State Supreme Court: Nonretroactive Claims-Made Insurance Policies Are Unenforceable
Addressing an issue of first impression posed in a certified question from the U.S. District Court for the Western District of Washington, the Washington State Supreme Court has ruled that a contractor's commercial general liability insurance policy was unenforceable because it failed to provide prospective or retroactive coverage.
August 22, 2022 at 02:31 PM
4 minute read
(Credit: RAGMA IMAGES/ Shutterstock) In an Aug. 11 opinion, the high court unanimously held that the insurance policy issued to Baker and Sons Construction Inc. from Preferred Contractors Insurance Company violated Washington's public policy because it failed to provide prospective or retroactive coverage and created limited one-year windows for claims to occur and be reported.
In September 2020, Angela Cox filed a wrongful death claim against Baker after her husband, Ronnie Cox, died in his sleep the night after being struck by a two-by-four piece of lumber. The dispute landed in the U.S. District Court for the Western District of Washington after it denied PCIC summary judgment and granted Cox and Baker's motion for certification to the Supreme Court regarding the policy.
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