Wash. Court Reverses Dismissal Sanction Against Insurer and Contractor

VANCOUVER, Wash. - Washington's Court of Appeals has reinstated a contractor's indemnity action against subcontractors, finding that a trial court erred in holding the contractor and its insurer responsible for the homeowners' decision to destroy evidence in making needed repairs. Homeworks Construction Inc. v. Wells, et al., No. 33382-I-II (Wash. Ct. App.).

Homeworks Construction and State Farm Fire and Casualty Co. sued subcontractors who installed synthetic stucco siding on the home of Jim and Serena Lucey in 1996 and 1997.

The Luceys found water damage in October 2000 and inspectors later concluded the Exterior Insulation Finish System (EIFS) was improperly …