Condo Association Not Entitled To New Trial Over Late Notice Jury Instruction

Mealey's (March 1, 2023, 12:11 PM EST) -- SEATTLE — A jury was presented with sufficient evidence to determine whether a condominium’s apartment owners association’s late notice of water intrusion damage caused by construction defects resulted in both actual and substantial prejudice to an insurer and the jury’s finding in favor of the insurer was not precluded by the insurer’s coverage determination, a federal judge in Washington ruled in denying the association’s motion for a partial new trial....