[Download] "State Farm Fire & Casualty Co. v. English Cove Association" by In the Court of Appeals of the State of Washington Division One # Book PDF Kindle ePub Free
eBook details
- Title: State Farm Fire & Casualty Co. v. English Cove Association
- Author : In the Court of Appeals of the State of Washington Division One
- Release Date : January 26, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
Concurring: Ann Schindler, William W. Baker PUBLISHED An 'owned property' exclusion is intended to prevent a general liability policy from providing first-party benefits to the insured.1 The comprehensive business liability policy at issue here excludes from coverage damage to 'property you own, rent, or occupy.' Because English Cove Associates, Inc. (ECA), the insured, has an undivided ownership interest in the damaged property, and the word 'own' is not ambiguous in this context, the policy exclusion applies. Accordingly, we reverse the summary judgment order in favor of the insured and remand with directions for further proceedings consistent with this opinion. ECA developed a substantial condominium project in Redmond, Washington called English Cove. During development, ECA purchased three successive insurance policies from State Farm Fire & Casualty Company. All of the policies contain a comprehensive business liability provision. The provision contains a standard insuring provision. It also contains a standard exclusion for 'property damage' to property the insured 'owns, rents, or occupies.' During the marketing of the project, ECA retained ownership of the individual condominium units until they were sold to buyers. As of the date of expiration of the last State Farm policy, the one at issue in this case, ECA owned 43 of the 160 units at English Cove. By virtue of its ownership of these units, ECA also had an undivided interest in the common areas of the condominium.
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