March 06, 2020

Failure to Comply with a Provision of a Property Insurance Policy That Requires the Filing of Suit Within One Year of the Discovery of the Loss Bars an Action for Breach of the Policy, but Does Not Bar the Recovery of Policy Benefits as Damages for Extra-Contractual Claims

Insurance Litigation Reporter

Washington, D.C. partner Roland Goss authored a case note for the March 6, 2020, issue of Insurance Litigation Reporter on an opinion by the Washington Court of Appeals in West Beach Condominium v. Commonwealth Insurance Company of America, 455 P.3d 1193 (Wash. App. 2020). The court concluded that the deprivation of contracted-for insurance benefits is an injury to business or property as contemplated by the statutes, and that recoverable damages under both the CPA and the IFCA can include policy benefits that were not paid due to a denial of coverage, subject to the policy’s limits and other applicable policy terms and conditions.

Rollie serves on the Editorial Board for this publication.

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