Failure to Allege Property Damage Within Policy Period Defeats Insured's Claim

Red notebook with losses on it

Attorney Tred R. Eyerly analyzes Creek v. State Farm Fire & Cas. Co.

October 3, 2022
Tred R. Eyerly - Insurance Law Hawaii

The insured's inability to determine when water damage occurred meant it could not pursue claims of property damage against the insurers. Creek v. State Farm Fire & Cas. Co., 2022 U.S. Dist. LEXIS 116939 (W.D. Wash. July 1, 2022).

Gold Creek Condominium complex experienced water damage. The complex was completed in 1982. The owners sued State Farm and Travelers under all-risk policies when tenders for the damage were denied.

In 2017, Creek hired an expert to investigate deterioration due to water intrusion. The expert noted that "water intrusion had been evident in the exterior walls, soffits, terraces, handrails and elevated entry walkways for some time." Thereafter, Creek tendered claims for property damage to State Farm and to Travelers.

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



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