SPRAGUE v. SAFECO INS. CO. OF AMERICA

No. 63933-1-I.

241 P.3d 1276 (2010)

Max B. SPRAGUE and Krista Sprague, husband and wife, and Washington residents, Appellants, v. SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation and domestic insurer, Respondent.

Court of Appeals of Washington, Division 1.

November 1, 2010.


Attorney(s) appearing for the Case

John P. Zahner , Foster Pepper PLLC, Seattle, WA, for Appellant.

M. Colleen Barrett , Kevin J. Kay , Barrett & Worden PS, Seattle, WA, for Respondent.


GROSSE, J.

¶ 1 A homeowner's all-risk insurance policy that does not cover losses to an excluded peril may, nonetheless, cover losses resulting from that excluded peril under an ensuing loss clause. Here, the home was in a state of collapse and the homeowner's insurance policy did not specifically exclude collapse. The policy, however, covered ensuing loss. In our judgment, collapse was a covered ensuing loss resulting from the perils of construction defects...

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