[Download] "Sunbreaker Condominium Association V. Travelers Insurance Co." by Division One Court of Appeals of Washington # Book PDF Kindle ePub Free

March 12, 2021

eBook details

Title: Sunbreaker Condominium Association V. Travelers Insurance Co.
Author : Division One Court of Appeals of Washington
Release Date : January 18, 1995
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 76 KB

Description

WEBSTER, J. -- In this case, wind-driven rain penetrated the southern wall of a condominium building, causing dry rot. The owner, Sunbreaker Condominium Association, sued its insurer, The Travelers Insurance Company. Sunbreaker contends that its all risk insurance policy covers loss from wind-driven rain. Relying on the efficient proximate cause rule, Sun breaker argues that the insurer is liable despite the policy's dry rot exclusion. The Travelers contends that the policy characterizes dry rot and rain as a single, excluded peril. The trial court entered summary judgment for Sunbreaker. We agree with the trial court that the policy characterizes rain and dry rot as distinct perils. We reverse, however, because there is an issue of material fact as to the efficient proximate cause of Sunbreaker's loss.