Healy Tibbitts Construction Co., a Corporation v. Insurance Company of North America, a Corporation

The panel unanimously agrees that this case may be submitted without oral argument.

Healy Tibbitts Construction Company appeals from the grant of summary judgment in favor of its insurer, Insurance Company of North America. Healy assigns error to the trial court’s finding that the insurance policy exclusion precluded his recovery. He argues that 1) the barge was not within the policy exclusion, 2) failure to plead the exclusion as an affirmative defense waived the provision, and 3) failure to attempt settlement and delay in acting on the claim constituted bad faith. We affirm.

The insurance…