C. Brewer and Company, Ltd. v. Industrial Indemnity Company.

Opinion of the Court by

MeKENNA, J.

I. Introduction

On March 14, 2006, a large portion of the Kaloko Dam (“Dam”) in Kilauea, Kaua‘i collapsed, releasing over three million gallons of water, resulting in the loss of seven lives as well as extensive property damage (“Dam Breach”). At the time of the Dam Breach, James Pflueger (“Pflueger”) owned the Dam. Pflueger filed a lawsuit in the Circuit Court of the First Circuit seeking damages and indemnification from C. Brewer and Company, Ltd. (“C. Brewer”) for claims brought against him arising out of the Dam Breach. Pflueger v. State, Civ. No.…