Insurer Doesn’t Have To Defend Contractor In Pond Defect Suit

Law360 (October 29, 2020, 9:52 PM EDT) — A Hawaii federal judge ruled Wednesday that an insurance company doesn’t have to pay to defend or compensate a contractor that was sued for allegedly building a faulty pond that later flooded the home it built for a client.

U.S. District Judge Jill A. Otake said in an opinion that Nautilus Insurance Co. asked the court to decide if it had to cover or defend RMB Enterprises Inc., which does business as Paradise Pacific Homes, in a September 2019 complaint.

The contractor was sued in November 2018 by Kilauea Falls Ranch owner Charles M. Somers after a pond RMB built began…

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