Case No. 92436-8
Oral Argument October 11, 2016
On Petition for Review
Issues as Framed by Petitioner:
- Does an absolute pollution exclusion bar coverage for claims arising from the defective design, installation, maintenance, or operation of a product that, in the absence of negligence, is safe and non-polluting?
- In the absence of Washington precedent, did an insurer breach its good faith duty to defend by relying on a pollution exclusion to deny its insured a defense of a claim alleging the negligent installation of a gas water heater on the ground that the claimant’s injuries were attributable to carbon monoxide poisoning?
Issues as Framed by Respondent:
- Whether the Court of Appeals correctly rules that as a matter of law, the absolute pollution exclusion barred coverage for Xia’s bodily injury claim, and, therefore, ProBuilders Specialty Insurance Company RRG did not have a duty to defend Issaquah Highlands.