The Burlington Insurance Company v. Oceanic Design & Construction, Inc.

CLIFTON, Circuit Judge:

The issue presented by this case is whether, under Hawaii law, a company which contracted to build a house is covered under its commercial general liability policy against claims brought against the company by the dissatisfied homeowners. The district court granted summary judgment to the insurer on the ground that claims for breach of contract and breach of contract-related tort duties did not give rise to coverage within the scope of the policy. We affirm.

I. BACKGROUND

Defendant-Appellant Oceanic Design & Construction, Inc., a Hawaii corporation, contracted to build a…