The Status of Construction Defect Coverage Litigation in Hawaii

   Here is an article I authored in this month's Hawaii Bar Journal entitled, "The Battle Over Coverage For Construction Defects." The premise of the article is that while the Intermediate Court of Appeals held in Group Builders, Inc. v. Admiral Ins.Co.,123 Haw. 142, 213 P.3d 67 (Haw. Ct. App. 2010) that construction defects do not arise from an occurrence and are therefore not covered under a liability policy, the Hawaii Supreme Court has yet to weigh in on the issue. Prior cases issued by the Supreme Court, however, suggest it will ultimately determine that construction defects caused by faulty workmanship are, in fact, covered, unless the defect arises from an intentional act.