Port of Seattle v. Lexington Insurance

The Port of Seattle (Port) appeals from two orders dismissing its action to recover insurance proceeds against its 1997 and 1998 insurers for the expenses it incurred upgrading its computer systems to avoid Year 2000 (Y2K) date recognition problems at the turn of the century. At issue is whether the Port timely filed its suit and whether the policies under which it sued covered its Y2Krelated expenses. Because the Port’s Y2K problem did not constitute a “computer virus,” we affirm the trial court’s order. We also hold that despite the Port’s fortuitous loss and timely suit, the sue and labor…