The Twiggs hired Rainier Pacific Development, LLC to build a home. But, after the home was complete, the Twiggs complained the concrete garage slab was sloped toward the house and cracked.[1] The Twiggs and Rainier agreed to a “Repair Agreement” (in other words, a contract) that obligated Rainier to repair the slab by applying a thin concrete overlay.[2]

The Twiggs alleged the repairs were defective and proceeded to arbitration. In arbitration, the Twiggs made a claim for breach of contract by alleging Rainier had breached the Repair Agreement.[3] The arbitrator ruled in favor of the Twiggs, and a trial court entered judgment against Rainier. When the Twiggs’ efforts to collect on the judgment were unsuccessful, the Twiggs sued Rainier’s commercial general liability insurer, Admiral Insurance Group.[4]