Today's Opinions, Cambridge Townhomes and Campbell
Cambridge Townhomes v. Pacific Star Roofing, No. 81003-6. Polygon Northwest Company, the general contractor for a condominium development, settled allegations of construction defects with the homeowners association and then sued various subcontractors for breach of contract and indemnification. One of these subcontractors, P.J. Interprise, had been owned by Gerald Utley and disolved in chapter 7 bankruptcy. Polygon had listed only P.J. Interprise and not Utley in its original complaint and the trial court refused to allow Polygon to amend the complaint and pursue a claim against Utley. In a unanimous opinion written by Justice Stephens, the Court upholds a decision of the Court of Appeals that had reversed the trial court's summary judgment in favor of defendants. (Briefs and argument)
Campbell v. Ticor Title Insurance Co., No. 80999-2. A parcel of land was subdivided into three, with a pedestrian easement across lot B. The easement allows owners of lot C to access a dock on Deer Lake. Lot C was sold and the new owner subsequently discovered that a home on lot B blocked the easement. The owner filed various suits, including one to force a new easement on lot A. The Campbells, owners of lot A, claim that their title insurance company, Ticor Title, has a duty to defend them in the suit. Here the Court, in another unanimous opinion by Justice Stephens, upholds the trial and appeals courts, holding that "[Ticor's] policy plainly excludes easements not disclosed by th epublic record or arising after the date the policy issues. Accordingly, there is no conceivable coverage of the Campbells's claims and Ticor owes no duty to defend." (Briefs and argument)
