CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - TUESDAY, NOVEMBER 10, 2026

Insured’s Motion to Dismiss Insurer’s Counterclaim Rejected as Premature

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November 9, 2026
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Tred R. Eyerly - Insurance Law Hawaii

The insured’s motion to dismiss the insurer’s counterclaim because it was redundant was dismissed as premature. Pulte Homes of New Mexico, Inc., 2026 U.S. Dist.. LEXIS 205627 (D. N. M. Sept. 11, 2026).

Pulte filed suit against several insurance companies seeking a declaration that it was an additional insured under each insurers’ policy and was entitled to a defense against underlying state claims. Pulte further alleged that it must be indemnified for damages arising out of the work or operations of defendants’ named insured subcontractors. Cincinnati Insurance Company (CIC) was one of the defendants named by Pulte.

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


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