CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - FRIDAY, JANUARY 9, 2026

Insured Successfully Moves to Dismiss Insurer’s Suit to Eliminate Duty to Defend

Red dismiss stamp on document fountain pen signing

The court found that the insurer had a duty to defend and dismissed the insurer’s motion for summary judgment.

January 6, 2026
Tred R. Eyerly - Insurance Law Hawaii

The court found that the insurer had a duty to defend and dismissed the insurer’s motion for summary judgment. Travelers Indem. Co. of Conn. v. I.C. Refrigeration Services Inc., 2025 U.S. Dist. LEXIS 221768 (N.D. Cal. Nov. 10, 2025).

Flory Construction, Inc. sued the project owner, Highbridge, asserting claims for (1) foreclosure on mechanics liens; (2) breach of contract; and other cliams. Flory agreed to furnish labor, materials and equipment for improvements to Highbridge’s properties. Flory alleges Highbridge failed to provide payment despite Flory completing “all requested contract work . . . except to the extent prevented by Highbridge.”

Mr. Eyerly may be contacted at te@hawaiilawyer.com


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