Hawaii High Court:  Express Reimbursement Provision Needed To Recover Defense Costs

Mealey's (November 22, 2023, 3:12 PM EST) -- HONOLULU — Insurers “may not recover defense costs for defended claims unless the insurance policy contains an express reimbursement provision.  A reservation of rights letter will not do,” the Hawaii Supreme Court said in answering a question certified to it by a federal district court in a coverage dispute over whether insurers owe a contractor and developer a duty to defend in a lawsuit over construction defects discovered at a condominium project....