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Environmental Law, Insurance Law, Personal Injury
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Case Details
Washington Supreme Court applied the "efficient proximate cause" rule to third-party liability insurance claims for the first time, ruling that a pollution exclusion did not bar coverage for carbon monoxide injuries because the efficient proximate cause was negligent installation, not the pollution itself. Motion for reconsideration denied.
Additional Notes
ProBuilders faced substantial judgment including consent judgment, potential additional extra-contractual damages, interest, and attorney’s fees.