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FINLEY v. HOME INS. CO.

No. 20830.

975 P.2d 1145 (1998)

90 Hawai`i 25

James FINLEY and Vanida Finley, Respondents-Appellants/Cross-Appellees, v. The HOME INSURANCE COMPANY, and A & A of Hawaii, Defendants, and Hawaii Insurance Guaranty Association, Petitioner-Appellee/Cross-Appellant.

Supreme Court of Hawai`i.

December 30, 1998.

Attorney(s) appearing for the Case

Kevin P.H. Sumida of Matsui Chung Sumida & Chang, on the briefs, for petitioner-appellee/cross-appellant.

Jerry M. Hiatt, Carl H.Osaki and Michael W. Thomas of Bays, Deaver, Hiatt, Lung & Rose, on the briefs, for respondents-appellants/cross-appellees.

Before MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, AND RAMIL, JJ.

Opinion of the Court by NAKAYAMA, J.

We granted certiorari to review the opinion of the Intermediate Court of Appeals (ICA), which held that defendant-appellee/cross-appellant Hawai`i Insurance Guaranty Association (HIGA), having retained counsel to defend the underlying action under a reservation of rights, was potentially additionally responsible for reimbursement of attorneys' fees for counsel personally retained by the insured. For the reasons which follow, we...

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