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Real Property & Development Review

One Policy Limit or More? Division 1 Interprets Anti-Stacking Clause

Posted in Construction

Here is Division 1′s most recent analysis on the arcane but important issue of how many policy limits are available in a situation where a carrier issues multiple year-to-year CGL policies and the insured becomes legally obligated to pay for damage that occurs over those multiple year but results from the same continuous or repeated cause (i.e., water seepage). 

The answer, at least in this case with this policy language was:  1 policy limit, under the clause known as the anti-stacking provision.

Copy of opinion also available here Download file

  • http://www.reiserlegal.com Doug Reiser

    John -
    I like your very succinct answer to the question posed: 1 policy limit, thats it.
    I similarly posted about this case on my blog (www.builderscounsel.com). Good stuff for a Washington contractor to know about.
    Thanks,
    Doug