Legal Opinion

Panorama Village Condominium Owners Ass'n Board of Directors v. Allstate Insurance

Washington Supreme Court

Decided July 12, 2001No. 69696-9Published

1DissentMadsen, J.

(dissenting) — The majority rewrites the suit limitation clause in Allstate Insurance Company’s policy to allow a cause of action against the insurer long after the insured knows or should know that a covered loss has occurred — despite the one-year limitation period in the clause. The majority’s construction of the suit limitation language “after a loss occurs” as meaning after a loss is over, together with its conclusion that a loss is not over while ongoing damage continues, flies in the face of the policy’s coverage provisions.

The majority claims, though, that it is simply refusing to…

Also in this document: Concurrence.

2Cases cited15 opinions

  1. Boeing Co. v. Aetna Casualty & Surety Co.Washington Supreme Court · 1990
  2. State Farm General Insurance v. EmersonWashington Supreme Court · 1984
  3. Prudential-LMI Commercial Insurance v. Superior CourtCalifornia Supreme Court · 1990
  4. Kitsap County v. Allstate InsuranceWashington Supreme Court · 1998
  5. Kitsap County v. Allstate Ins. Co.Washington Supreme Court · 1998

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