BURLINGTON INS. v. OCEANIC DESIGN & CONST.

No. 02-17317.

383 F.3d 940 (2004)

The BURLINGTON INSURANCE COMPANY, Plaintiff-Appellee, v. OCEANIC DESIGN & CONSTRUCTION, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2004.


Attorney(s) appearing for the Case

Gerald S. Clay and Scott I. Batterman, Stanton Clay Chapman Crumpton & Iwamura, Honolulu, HI, for the defendant-appellant.

Stephen B. MacDonald and Ralph O'Neill, MacDonald Rudy Byrns O'Neill & Yamauchi, Honolulu, HI, for the plaintiff-appellee.

Before: TASHIMA and CLIFTON, Circuit Judges, and LEIGHTON, District Judge.


CLIFTON, Circuit Judge:

The issue presented by this case is whether, under Hawaii law, a company which contracted to build a house is covered under its commercial general liability policy against claims brought against the company by the dissatisfied homeowners. The district court granted summary judgment to the insurer on the ground that claims for breach of contract and breach of contract-related tort duties did not give...

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