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MACLEAN TOWNHOMES v. AMERICAN STATES INS.

No. 57444-2-I.

156 P.3d 278 (2007)

MACLEAN TOWNHOMES, LLC, Appellant, v. AMERICAN STATES INSURANCE COMPANY; First Specialty Insurance Company, Defendants, Charter Oak Fire Insurance Company, Respondent, Royal Insurance Company of America; and Sound View Insurance Agency, Defendants.

Court of Appeals of Washington, Division 1.

April 23, 2007.

Attorney(s) appearing for the Case

Gregory Louis Harper, Steven Neil Driggers, Rebecca St. Colette Sullivan, Harper Hayes PLLC, Seattle, for Appellant.

Joseph D. Hampton, Catherine Elaine Purett, Betts, Patterson & Mines, P.S., Seattle, for Respondent.

GROSSE, J.

¶ 1 MacLean Townhomes, LLC (MacLean) failed to notify the insurer of one of its subcontractors of claims involving the work of that subcontractor. In addition, again without any notice to the insurer, MacLean entered into an agreement to resolve the claims that required it to submit to binding arbitration. As the trial court ruled, this was prejudicial to Charter Oak Fire Insurance Company and relieved it of its duty to defend and indemnify. We affirm...

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