HI HB839

Establishes presumption that construction work resulting in property damage is an accident unless damage was intended and expected by the insured.

Requires courts to consider a construction professional's objective and reasonable expectations when interpreting ambiguous insurance policies.

Shifts burden of proof to insurers to demonstrate by preponderance of evidence that policy exclusions or limitations bar coverage for construction defect claims.

Voids and makes unenforceable any policy provision that excludes or limits coverage for injuries or damages that were unknown to the insured at the policy's inception date.

Triggers insurer's duty to defend upon receipt of a notice of claim or legal filing concerning construction defects, requiring reasonable investigation and cooperation with the insured.