Chase Construction North West Inc. v. AIX Specialty Insurance Company

Filing 32

ORDER denying 31 Motion for Reconsideration, by Judge Richard A. Jones. (VE)

HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CHASE CONSTRUCTION NORTH WEST
INC.,

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Plaintiff,

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v.

CASE NO. C15-19RAJ
ORDER

AIX SPECIALTY INSURANCE
COMPANY,
Defendant.

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This matter comes before the court on Plaintiff’s motion for reconsideration (Dkt.

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# 31) of the court’s June 23, 2015 order granting Defendant’s motion for summary

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judgment.
A motion for reconsideration must demonstrate either “manifest error in the prior

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ruling” or “new facts or legal authority [that] could not have been brought to [the court’s]

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attention earlier with reasonable diligence.” Local Rules W.D. Wash. LCR 7(h)(1).

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Plaintiff’s motion meets neither standard, and the court accordingly DENIES it.
Plaintiff correctly points out that the “Condo Exclusion” that was the focus of the

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court’s order, even under Plaintiff’s interpretation, would not cover losses arising from

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new construction on condominiums. In that sense, the exclusion is not nugatory under

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//

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//

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ORDER – 1

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Plaintiff’s construction. Nonetheless, the court find no error in its conclusion that

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Plaintiff’s interpretation renders the exclusion absurd.

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DATED this 14th day of July, 2015.

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A

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The Honorable Richard A. Jones
United States District Court Judge

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ORDER – 2