Wailua Associates v. Aetna Casualty & Surety Co.

ORDER DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGEMENT, GRANTING IN PART DEFENDANT’S MOTION TO STRIKE AND GRANTING IN PART DEFENDANT’S MOTION TO DISMISS

KAY, Chief Judge.

STATEMENT OF FACTS

On or about September 11, 1992, the Coco Palms Resort on the island of Kauai sustained damage as a result of Hurricane Iniki. The Coco Palms Resort is owned by plaintiff Wailua Associates (“Wailua”). From November 1, 1991, through November 1, 1992, the Coco Palms Resort was insured by defendant, Aetna Surety and Casualty Company (“Aetna”) under a Custom Property Coverage Policy (the “Policy”). The…