Occurrence is Covered Where Pollution Event Is Not Efficient Proximate Cause Of Loss

June 15, 2017
Tred R. Eyerly - Insurance Law Hawaii

Although the policy excluded pollution, the negligence that preceded the escape of the pollution was the efficient proximate cause, negating the impact of the pollution exclusion. Xia v. ProBuilders Specialty Ins. Co. RRG, 2017 Wash. LEXIS 443 (Wash. April 27, 2017).

Zhaoyun Xia purchased a new home in May 2006. The home was constructed by Issaquah Highlands 48 LLC. Issaquah Highlands had a CGL policy issued by ProBuilders.

Mr. Eyerly may be contacted at te@hawaiilawyer.com


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