HNRK Coverage Corner
Posts from November 2023.
Posted in Duty to Defend
On November 14, 2023, the Supreme Court of Hawaii issued a decision in St. Paul Fire & Marine Ins. Co. v. Bodell Construction Co., Case No. SCCQ-22-0000658, holding that insurers may not recoup defense costs for non-covered claims absent an express policy provision for reimbursement.
Answering a certified question from the United States District Court for the District of Hawaii, the Court explained:
The duty to defend is broader than the duty to indemnify. An insurer only indemnifies covered claims. But an insurer must defend when there is possible coverage, even “groundless ...
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Recent Posts
- Hawaii Supreme Court Holds That Insurers May Not Recoup Defense Costs for Uncovered Claims Absent Express Policy Provision for Reimbursement
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