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.
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.
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