WASHINGTON COURT FINDS NO DUTY TO DEFEND FOR “BODILY INJURY” OR “PROPERTY DAMAGE” THAT HAS NOT YET OCCURRED DESPITE ALLEGATION THAT SUCH DAMAGES ARE LIKELY TO OCCUR IN THE FUTURE

Quarterly Newsletter Summer 2016

Washington Courts generally determine the existence of a duty to defend based on the “eight corners” rule. Given this limited review of just the insurance contract and the underlying complaint, some Washington Courts have found a duty to defend when there are allegations in the complaint that covered damages will occur in the imminent future. However, a recent decision by a Washington Federal Court suggests that not all claims for potential future harm trigger a duty to defend.

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