JOU v. DAI-TOKYO ROYAL STATE INS. CO.

No. 26310.

172 P.3d 471 (2007)

Emerson M.F. JOU, M.D., and as to Some Claims, on Behalf of the Class of Others Similarly Situated, Plaintiff-Appellant, v. DAI-TOKYO ROYAL STATE INSURANCE COMPANY, Limited and Lawrence M. Reifurth, as the Director, State of Hawai`i Department of Commerce and Consumer Affairs, Defendants-Appellees, and John Does 1-50, Doe Attorneys 1-50, Doe Corporations 1-10; Doe Partnerships 1-10, and Doe Governmental Entities 1-10, Defendants.

Supreme Court of Hawai`i.

November 16, 2007.


Attorney(s) appearing for the Case

Stephen M. Shaw, on the briefs, for Plaintiff-Appellant Emerson M.F. Jou, M.D.

J. Patrick Gallagher, Joelle Segawa Kane, and Leah M. Reyes, on the briefs, Honolulu, for Defendant-Appellee Dai-Tokyo Royal State Insurance Company, Limited.

David A. Weber and Deborah Day Emerson, Deputy Attorneys General, on the briefs, for Defendant-Appellee Lawrence M. Reifurth, Director, Department of Commerce and Consumer Affairs, State of Hawai`i.

MOON, C.J., LEVINSON, NAKAYAMA, and DUFFY, JJ. and ACOBA, J., concurring in the result only.


OPINION OF THE COURT BY NAKAYAMA, J.

Plaintiff-Appellant, Emerson M.F. Jou, M.D. ("Jou"), appeals from the first circuit court's2 December 17, 2003 judgment in favor of Defendant-Appellants, Dai-Tokyo Royal State Insurance Company, Limited ("DTRIC") and Lawrence E. Reifurth in his capacity as the director of the Department of Commerce and Consumer Affairs ("DCCA"), State of Hawai`i ("the director"). On appeal, Jou presents the following...

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