IT'S NOT OFTEN that insurance buyers can come away from a pro-insurer court ruling with anything positive, but that may be the case in a construction defect ruling handed down by an appeals court in Hawaii.
As we report on page 1, the Intermediate Court of Appeals affirmed a lower court ruling that the insurer in the case did not have to indemnify a subcontractor after its alleged shoddy work at a hotel led to mold damage. According to the court, the construction defects were not an occurrence triggering coverage under a commercial general liability policy.
In similar cases, the reaction of insurers often is to note the ruling and file it away for use as a precedent in other …
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