ALLEMAND v. STATE FARM INS. COMPANIES

No. 28954-1-III.

248 P.3d 111 (2011)

Rex and Brenda ALLEMAND, husband and wife, Respondents, v. STATE FARM INSURANCE COMPANIES, also known as State Farm General Insurance Company; and State Farm Fire & Casualty Company, Appellants.

Court of Appeals of Washington, Division 3.

March 3, 2011.


Attorney(s) appearing for the Case

Steven M. Cronin , Attorney at Law, Spokane, WA, for Appellant.

Douglas Warr Nicholson , Cone Gilreath Law Offices, Ellensburg, WA, for Respondent.


KORSMO, J.

¶ 1 This case revisits the recurring problem of fire-loss house repairs that must account for changes in building codes since the house was originally constructed, an issue that stretches back across Washington law for nine decades. We conclude that the limitation on losses resulting from building code upgrades in this homeowners' policy was effective under longstanding precedent and reverse the trial court's contrary judgment.

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