12-1362. Dwelling action; jurisdictional
prerequisite; insurance
A. Except with respect to claims for alleged defects involving an immediate
threat to the life or safety of persons occupying or visiting the dwelling, a purchaser
must first comply with this article before filing a dwelling action.
B. If a seller presents a notice received pursuant to section 12-1363 to an insurer
that has issued an insurance policy to the seller that covers the seller's liability
arising out of the design, construction or sale of the property that is the subject of
the notice, the insurer must treat the notice as a notice of a claim subject to the terms
and conditions of the policy of insurance. An insurer is obliged to work cooperatively
and in good faith with the insured seller within the timeframes specified in this article
to effectuate the purpose of this article. Nothing in this subsection otherwise affects
the coverage available under the policy of insurance or creates a cause of action against
an insurer whose actions were reasonable under the circumstances, notwithstanding its
inability to comply with the timeframes specified in section 12-1363.
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