Betts Patterson Mines

Mills Victorious in 9th Circuit!

The Ninth Circuit Court of Appeals recently affirmed a summary judgment Mark Mills obtained for his client.  The Ninth Circuit affirmed the lower court’s decision that Mark’s client had no duty to defend or indemnify, under Washington law, against allegations the insured defectively replaced roofs on two condominium buildings.  The Ninth Circuit concluded the client’s condominium and multi-unit exclusion was ambiguous.  Chase Constr. Co. v. AIX Specialty Ins. Co., 2015 WL 12001272, No. C15-19 (W.D. Wash. June 23, 2015), aff’d No. 15-35591, 2018 WL 882467 (9th Cir. February 23, 2018).  In addition to deciding the policy excluded liability coverage, the lower court also held Mark’s client was not liable for bad faith or extra-contractual damages, under Washington law, for denying any duty to defend or indemnify.  No. C15-19, 2015 WL 12001272 (W.D. Wash. June 23, 2015).