Legal Opinion

Gemini Ins. Co. v. ConstRX Ltd.

District Court, D. Hawaii

Decided September 24, 2018No. CIVIL NO. 14-00355 DKW-RLPPublished

1Opinion of the Court

Derrick K. Watson, United States District Judge.

INTRODUCTION

The parties seek a determination of Gemini's duties to defend and indemnify under commercial general liability ("CGL") policies issued to ConstRX Ltd. ("CRX") with respect to construction defect and other claims against CRX in arbitration. Because the Underlying Arbitration involves claims for which the possibility of coverage exists, due to the operative Revised Occurrence Endorsement, the Court DENIES Gemini's Motion for Partial Summary Judgment and GRANTS CRX's Counter-Motion for Partial Summary Judgment with respect to the duty…

2Cases cited19 opinions

  1. Dairy Road Partners v. Island Insurance Co.Hawaii Supreme Court · 2000
  2. First Ins. Co. of Hawaii v. StateHawaii Supreme Court · 1983
  3. The Burlington Insurance Company v. Oceanic Design & Construction, Inc.Court of Appeals for the Ninth Circuit · 2004
  4. State Farm Fire & Casualty Co. v. Pacific Rent-All, Inc.Hawaii Supreme Court · 1999
  5. Tri-S Corp. v. Western World Insurance Co.Hawaii Supreme Court · 2006

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