Latest Case This Week: Xia v. Probuilders Specialty Ins. Co. (Washington Supreme Court)
Thanks!
Curtis D. Harris, BS, CGREA, REB
Associate Degree in Architecture, LACCBachelor of Science in Real Estate, CSULA
State Certified General Appraiser
Real Estate Broker
ASTM E-2018 Commercial Real Estate Inspector
HUD 203k Consultant
HUD/FHA Real Estate Appraiser/Reviewer
FannieMae REO ConsultantCTAC LEED-GREEN Certificate The Harris Company, Forensic Appraisers and Real Estate Consultants
*PIRS/Harris Company and the Science of Real Estate-Partners Since 1984*630 North Sepulveda Boulevard, Suite 9A
El Segundo, CA. 90245
310-337-1973 Office
310-251-3959 CellWebSite: http://www.harriscompanyrec.com Resume: http://www.harriscompanyrec.com/rESUME2011.pdf Commercial Appraiser Blog: http://commercialappraiser.typepad.com/blog/ IT'S THE LAW-Designation Discrimination is Illegal [FIRREA, Sec. 564.6]: Professional Association Membership: "A State Certified General Appraiser may not be excluded from consideration for an assignment for a federally related transaction by virtue of membership or lack of membership in any particular appraisal organization," including the appraisal institute. http://www.ofi.state.la.us/re-otspart565.pdf CONFIDENTIALITY/PRIVILEGE NOTICE: This transmission and any attachments are intended solely for the addressee. The information contained in this transmission is confidential in nature and protected from further use or disclosure under U.S. Pub. L. 106-102, 113 U.S. Stat. 1338 (1999), and may be subject to consultant/appraiser-client or other legal privilege. Your use or disclosure of this information for any purpose other than that intended by its transmittal is strictly prohibited and may subject you to fines and/or penalties under federal and state law. If you are not the intended recipient of this transmission, please destroy all copies received and confirm destruction to the sender via return transmittal.
From: Construction Law - Justia Weekly Opinion Summaries [mailto:[email protected]] On Behalf Of Construction Law - Justia Weekly Opinion Summaries
Sent: Friday, 28 April, 2017 7:03 AM
To: [email protected]
Subject: Latest Case This Week: Xia v. Probuilders Specialty Ins. Co. (Washington Supreme Court)
Free Construction Law case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser.Construction Law
April 28, 2017
Table of ContentsXia v. Probuilders Specialty Ins. Co.Construction Law, Insurance Law, Personal Injury, Real Estate & Property Law Washington Supreme Court
New on VerdictLegal Analysis and CommentaryMr. No-Government President Discovers the Government MARCI A. HAMILTON Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, describes how the separation of powers built into U.S. democracy is working as it should to prevent abuses of power by, at this time, the executive.Read More
Construction Law OpinionsXia v. Probuilders Specialty Ins. Co. Court: Washington Supreme CourtDocket: 92436-8 Opinion Date: April 27, 2017Judge: Yu Areas of Law: Construction Law, Insurance Law, Personal Injury, Real Estate & Property Law At issue in this case was the applicability of a broad, absolute insurance pollution exclusion clause to a claim based on negligent installation of a hot water heater that led to the release of toxic levels of carbon monoxide in a residential home. Zhaoyun "Julia" Xia purchased a new home constructed by Issaquah Highlands 48 LLC. Issaquah Highlands carried a policy of commercial general liability insurance through ProBuilders. Soon after moving into her home, Xia began to feel ill. A service technician from Puget Sound Energy investigated Xia's home and discovered that an exhaust vent attached to the hot water heater had not been installed correctly and was discharging carbon monoxide directly into the confines of the basement room. The claims administrator for ProBuilders, NationsBuilders Insurance Services Inc. (NBIS), mailed a letter to Xia indicating that coverage was not available under the Issaquah Highlands policy. As a basis for its declination of coverage, NBIS rested on two exclusions under the policy: a pollution exclusion and a townhouse exclusion. NBIS refused to either defend or indemnify Issaquah Highlands for Xia's loss. When a nonpolluting event that was a covered occurrence causes toxic pollution to be released, resulting in damages, the Washington Supreme Court believed the only principled way for determining whether the damages are covered or not was to undertake an efficient proximate cause analysis. Under the facts presented here, the Court found ProBuilders Specialty Insurance Co. correctly identified the existence of an excluded polluting occurrence under the unambiguous language of its policy. However, it ignored the existence of a covered occurrence negligent installation-that was the efficient proximate cause of the claimed loss. Accordingly, coverage for this loss existed under the policy, and ProBuilders's refusal to defend its insured was in bad faith.Read Opinion Are you a lawyer? Annotate this case.
About Justia Opinion SummariesJustia Weekly Opinion Summaries is a free service, with 63 different newsletters, each covering a different practice area.Justia also provides 68 daily jurisdictional newsletters, covering every federal appellate court and the highest courts of all U.S. states.All daily and weekly Justia newsletters are free. Subscribe or modify your newsletter subscription preferences at daily.justia.com.You may freely redistribute this email in whole.About JustiaJustia is an online platform that provides the community with open access to the law, legal information, and lawyers.
Contact Us| Privacy Policy
Unsubscribe From This Newsletter
or
unsubscribe from all Justia newsletters immediately here.
Justia | 1380 Pear Ave #2B, Mountain View, CA 94043
Thanks!
Curtis D. Harris, BS, CGREA, REB
Associate Degree in Architecture, LACCBachelor of Science in Real Estate, CSULA
State Certified General Appraiser
Real Estate Broker
ASTM E-2018 Commercial Real Estate Inspector
HUD 203k Consultant
HUD/FHA Real Estate Appraiser/Reviewer
FannieMae REO ConsultantCTAC LEED-GREEN Certificate The Harris Company, Forensic Appraisers and Real Estate Consultants
*PIRS/Harris Company and the Science of Real Estate-Partners Since 1984*630 North Sepulveda Boulevard, Suite 9A
El Segundo, CA. 90245
310-337-1973 Office
310-251-3959 CellWebSite: http://www.harriscompanyrec.com Resume: http://www.harriscompanyrec.com/rESUME2011.pdf Commercial Appraiser Blog: http://commercialappraiser.typepad.com/blog/ IT'S THE LAW-Designation Discrimination is Illegal [FIRREA, Sec. 564.6]: Professional Association Membership: "A State Certified General Appraiser may not be excluded from consideration for an assignment for a federally related transaction by virtue of membership or lack of membership in any particular appraisal organization," including the appraisal institute. http://www.ofi.state.la.us/re-otspart565.pdf CONFIDENTIALITY/PRIVILEGE NOTICE: This transmission and any attachments are intended solely for the addressee. The information contained in this transmission is confidential in nature and protected from further use or disclosure under U.S. Pub. L. 106-102, 113 U.S. Stat. 1338 (1999), and may be subject to consultant/appraiser-client or other legal privilege. Your use or disclosure of this information for any purpose other than that intended by its transmittal is strictly prohibited and may subject you to fines and/or penalties under federal and state law. If you are not the intended recipient of this transmission, please destroy all copies received and confirm destruction to the sender via return transmittal.
From: Construction Law - Justia Weekly Opinion Summaries [mailto:[email protected]] On Behalf Of Construction Law - Justia Weekly Opinion Summaries
Sent: Friday, 28 April, 2017 7:03 AM
To: [email protected]
Subject: Latest Case This Week: Xia v. Probuilders Specialty Ins. Co. (Washington Supreme Court)
Free Construction Law case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser.Construction Law
April 28, 2017
Table of ContentsXia v. Probuilders Specialty Ins. Co.Construction Law, Insurance Law, Personal Injury, Real Estate & Property Law Washington Supreme Court
New on VerdictLegal Analysis and CommentaryMr. No-Government President Discovers the Government MARCI A. HAMILTON Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, describes how the separation of powers built into U.S. democracy is working as it should to prevent abuses of power by, at this time, the executive.Read More
Construction Law OpinionsXia v. Probuilders Specialty Ins. Co. Court: Washington Supreme CourtDocket: 92436-8 Opinion Date: April 27, 2017Judge: Yu Areas of Law: Construction Law, Insurance Law, Personal Injury, Real Estate & Property Law At issue in this case was the applicability of a broad, absolute insurance pollution exclusion clause to a claim based on negligent installation of a hot water heater that led to the release of toxic levels of carbon monoxide in a residential home. Zhaoyun "Julia" Xia purchased a new home constructed by Issaquah Highlands 48 LLC. Issaquah Highlands carried a policy of commercial general liability insurance through ProBuilders. Soon after moving into her home, Xia began to feel ill. A service technician from Puget Sound Energy investigated Xia's home and discovered that an exhaust vent attached to the hot water heater had not been installed correctly and was discharging carbon monoxide directly into the confines of the basement room. The claims administrator for ProBuilders, NationsBuilders Insurance Services Inc. (NBIS), mailed a letter to Xia indicating that coverage was not available under the Issaquah Highlands policy. As a basis for its declination of coverage, NBIS rested on two exclusions under the policy: a pollution exclusion and a townhouse exclusion. NBIS refused to either defend or indemnify Issaquah Highlands for Xia's loss. When a nonpolluting event that was a covered occurrence causes toxic pollution to be released, resulting in damages, the Washington Supreme Court believed the only principled way for determining whether the damages are covered or not was to undertake an efficient proximate cause analysis. Under the facts presented here, the Court found ProBuilders Specialty Insurance Co. correctly identified the existence of an excluded polluting occurrence under the unambiguous language of its policy. However, it ignored the existence of a covered occurrence negligent installation-that was the efficient proximate cause of the claimed loss. Accordingly, coverage for this loss existed under the policy, and ProBuilders's refusal to defend its insured was in bad faith.Read Opinion Are you a lawyer? Annotate this case.
About Justia Opinion SummariesJustia Weekly Opinion Summaries is a free service, with 63 different newsletters, each covering a different practice area.Justia also provides 68 daily jurisdictional newsletters, covering every federal appellate court and the highest courts of all U.S. states.All daily and weekly Justia newsletters are free. Subscribe or modify your newsletter subscription preferences at daily.justia.com.You may freely redistribute this email in whole.About JustiaJustia is an online platform that provides the community with open access to the law, legal information, and lawyers.
Contact Us| Privacy Policy
Unsubscribe From This Newsletter
or
unsubscribe from all Justia newsletters immediately here.
Justia | 1380 Pear Ave #2B, Mountain View, CA 94043
commercial appraiser, commercial appraisal, commercial appraiser la
Comments