Description: Fossil fuel company's lawsuit against insurer for breaching its obligations to defend and indemnify the company in underlying climate change cases brought by Honolulu and Maui.
Aloha Petroleum Ltd. v. National Union Fire Insurance Co. of Pittsburgh
Filing Date Type File Action Taken Summary 08/10/2022 Complaint Download Complaint filed. Fossil Fuel Company Alleged Insurer Breached Duties to Defend and Indemnify in Climate Cases. A fossil fuel company defendant in Honolulu’s and Maui’s climate change lawsuits filed an action for breach of contract and declaratory relief against its insurer for failing to provide coverage in the Honolulu and Maui actions. The fossil fuel company said the insurer had incorrectly asserted that the qualified pollution exclusion of a 1985 commercial general liability insurance policy precluded defense and indemnity coverage in the underlying actions. The defendant alleged that it had incurred more than $880,000 in defense costs in connection with the underlying lawsuits and that it expected to continue to incur significant defense costs.