Insurer Owes No Defense For Contract, Negligence Claims In Construction Practices, Judge Says

HONOLULU - An insurer has no duty to defend or indemnify an insured against claims for breach of contract and negligence regarding alleged improper construction practices because the claims are not based on "occurrences" or an accident, a Hawaii federal judge ruled Dec. 13 (State Farm Fire & Casualty Co. v. Henry K. Kaaihue Jr. and Advanced Home Builder LLC, No. 13-00185, D. Hawaii; 2013 U.S. Dist. LEXIS 175395).

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