Commerce & Indus. Ins. Co. v. Unlimited Constr. Servs., Inc.

Jill A. Otake, United States District Judge

I. INTRODUCTION

Plaintiff Commerce and Industry Insurance Company brought this subrogation action following the payment of insurance benefits to Phil and Fia Richmond, for a policy claim resulting from red dirt damage to the Richmonds' primary residence on Kauai. Plaintiff sues for negligence, trespass, and private nuisance, alleging that the Defendant construction companies1 unreasonably and tortiously caused damage to the Kauai residence, and seeking *908all damages proximately caused by Defendants. Before the Court are Defendant Unlimited's Motion for…