WASHINGTON FEDERAL COURT FINDS NO “OCCURRENCE” UNDER HOMEOWNERS’ POLICY BASED ON INSURED’S VIOLATION OF CONDOMINIUM BYLAWS

Quarterly Newsletter Fall 2016

Two of the most commonly disputed issues regarding coverage under the insuring clause of a homeowner’s liability policy are whether “property damage” took place, and whether such damage was caused by an “occurrence.” In a recent case in Washington, the Court adopted a broad interpretation of “property damage” under a homeowner’s policy, but still found no coverage when the insured violated the terms of their condominium bylaws, despite their claim that they did so unknowingly, because the Court found that no “occurrence” had taken place.

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