Judge Orders Claims Against Insurer In Defects Coverage Suit Dismissed

Mealey's (March 22, 2023, 2:13 PM EDT) -- TACOMA, Wash. — Three of five factors set forth under Federal Rule of Civil Procedure 41(b) strongly support dismissal of claims against an insurer in a coverage dispute brought by homeowners stemming from a construction defects lawsuit over the construction of homes in a housing development, while four of the factors support dismissal based on the homeowners’ persistent failure to meet court-ordered deadlines and their failure to properly prepare for trial, a federal judge in Washington ruled in dismissing all claims against the insurer with prejudice....