Xia, Petitioner, v. Probuilders Specialty Insurance Company, Respondent

Case No. 92436-8
Oral Argument October 11, 2016

On Petition for Review

Issues as Framed by Petitioner:

  1. 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?
  2. 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:

  1. 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.

Court of Appeals Opinion: