Travelers Jumped Gun In HD Fowler Suit, Judge Finds

Law360 (July 14, 2020, 4:38 PM EDT) -- A Washington federal judge on Tuesday tossed a suit by Travelers Property Casualty Co. of America against H.D. Fowler Co. over coverage for defective water pipes, saying the insurer couldn't sue to disclaim coverage because there isn't any sign yet that the contractor would be sued over the incident.

In a five-page order, U.S. District Judge John C. Coughenour granted H.D. Fowler's bid for summary judgment without prejudice, ruling that Travelers' complaint was based on a hypothetical claim that hasn't yet manifested, so it's not ripe for the court to decide.

The suit stems from a utility conveyance system being built...

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