Washington Juries To Decide Efficient Proximate Cause In Most Cases

The recent Washington State Appeals Court decision Vision One LLC v. RSUI, — P.3d — (October 19, 2010, Division II) is a reminder that not all coverage issues can be resolved by a judge as a matter of law. Vision One was a general contractor developing a condominium complex in Tacoma, Wash. Vision One hired two concrete subcontractors. One of the subcontractors was hired to pour concrete slabs while the other subcontractor was hired to put up shoring equipment to temporarily support the concrete slab after it was poured. However, the shoring structure collapsed and destroyed a freshly poured concrete slab.

Vision One thereafter tendered a first-party property claim to its insurer, Philadelphia Indemnity Insurance Company. Philadelphia hired a structural engineer to investigate the cause of the collapse and concluded that the marginal design of the shoring equipment combined with faulty installation of the shoring equipment likely caused the collapse. Philadelphia