Synopsis: Whether damages caused by collapsed shoring during the construction of a building are covered under the ensuing loss provision of an all-risk insurance policy that excludes coverage for faulty workmanship design and defects, and whether damages from the imminent collapse of a home deck are covered under the ensuing loss provision of an all-risk homeowners policy that excludes coverage for construction defects and rot.
Note: This case was consolidated with Sprague v. Safeco Insurance Company of America (No. 85794-6) for argument, but was decided separately.
Docket No. 85350-9 (from Court of Appeals Division II Case No. 38411-6)
Petitioner: Vision One, LLC
Respondent: Philadelphia Indemnity Insurance Co.
Briefs:
- Amicus of Cci
- Answer
- Answer in Sprague
- Appellant Brief
- Appellant Intervenor Rsui Brief
- Appellants Brief in Sprague
- Boma and Naiop Amicus
- Cci Amicus
- Petition for Review
- Petition for Review in Sprague
- Petitioners Supplemental Brief
- Philadelphia Response to Boma, Et Al Amicus
- Philadelphia Response to Cci Amicus
- Reply
- Reply and Response of Appellant
- Reply in Sprague
- Reply of Rsui
- Respondent Berg Brief
- Respondent Brief in Sprague
- Respondents Responstate to Rsui Opening Brief
- Respondents Supplemental Brief
- Safeco's Answer to C C I Amicus
- Statement of Supplemental Auth
- Statement of Supplemental Authority of Respondent
- Supplemental Brief of Petitioners
- Supplemental Brief of Respondent Philadelphia
- Vision Respondents Brief
Argument: Thursday, September 15th, 2011
[Source: TVW, http://tvw.org]
Audio: Court of Appeals Division II
Audio: Washington Supreme Court
Decided: Thursday, May 17th, 2012
Prevailing Party: Vision One, LLC (Petitioner)
Vote: 9-0
Citation: Pending
Court: Madsen2 Court (2011)
Madsen
Johnson
Alexander
Chambers
Owens
Fairhurst
Johnson
Stephens
(Majority)
Korsmo
(Pro Tem)
Opinion
Note: We post only slip opinion(s) as published at the time of the decision. Please consult Washington Reports printed volumes for the opinion(s) in their final form. Each opinion should appear next to the Justice who authored it.