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NO BOUNDARIES, LTD v. PACIFIC INDEM. CO.

No. 64749-1-I.

249 P.3d 689 (2011)

NO BOUNDARIES, LTD, a Washington corporation, and NBL II, LLC, a Washington limited liability company, Appellants, v. PACIFIC INDEMNITY COMPANY (a member of the Chubb Group of Insurance Companies), an insurer authorized by the Washington Insurance Commissioner, Respondent.

Court of Appeals of Washington, Division 1.

April 4, 2011.

Attorney(s) appearing for the Case

Christopher Gibson , Nielsen Broman & Koch PLLC, Seattle, WA for Appellants.

Benjamin Almacher Santos III , King County Prosecuting Attys. Ofc., Seattle, WA, for Respondent.

BECKER, J.

¶ 1 In this case involving insurance coverage for repairs to a damaged building, the issue is whether code upgrade coverage is available for repairs mandated by a building code that was repealed before the repairs were undertaken. We agree with the policyholder that coverage turns on the requirements of the building code at the time the damage occurred. We reject the insurer's argument that the loss is valued as of the time the repairs are made.

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