Doherty v. Hartford Insurance Group

OPINION OF THE COURT BY

RICHARDSON, C J.

Plaintiff-appellant, Jon Doherty, appeals from an order granting a motion to dismiss his suit to recover on a marine insurance policy from defendant-appellee, Hartford Insurance Group.

We affirm.

On August 16, 1973, plaintiff Doherty’s sailboat, the “No Hu Hu,” was dismasted while sailing in the Moloka‘i Channel. Plaintiff’s insurer, Hartford Insurance Group, doing business in Hawaii through Pacific Insurance Company, denied coverage under plaintiff’s yacht insurance policy on the basis that the sailboat had defective “swages” 2 at the time of the accident…