CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - MONDAY, SEPTEMBER 21, 2026

Insurer’s Claim of Insured’s Misrepresentations is Time Barred

Construction site
September 21, 2026
Tred R. Eyerly - Insurance Law Hawaii

The federal district court granted the insured’s motion for summary judgment and dismissed the insurer’s claims of misrepresentation against the insured. Colony Ins. Co. v. Oz Solutions, et al., 2026 U.S. Dist. LEXIS 138034 (S.D. N.Y. June 22, 2026).

Oz Solutions contracted with Danya Cebus Construction LLC to “supply skilled temporary workers to give temporary services” in connection with a construction project. The owner of the project filed suit against Danya Cebus alleging that corners had been cut during construction to save time and money, including by ordering the wrong parts for packaged terminal air conditioners and manually cutting the louvers.

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


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