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NUUANU MEMORIAL PARK MORTUARY, LTD. v. BRIGGS

No. 4578.

434 P.2d 750 (1967)

NUUANU MEMORIAL PARK MORTUARY, LIMITED, a Hawaii Corporation, v. Mark BRIGGS, Chief Deputy Insurance Commissioner of the State of Hawaii, Hawaiian Memorial Life Plan, Ltd., and Hawaiian Life Insurance Co., Ltd.

Supreme Court of Hawaii.

November 30, 1967.

Attorney(s) appearing for the Case

Michiro Watanabe, Honolulu, for appellee-appellant Hawaiian Memorial Life Plan, Ltd.

J. Russell Cades and Douglas E. Prior, Honolulu, (Smith, Wild, Beebe & Cades, Honolulu, of counsel), for appellee-appellant Hawaiian Life Insurance Co., Ltd.

Asa M. Akinaka, Honolulu, (Marumoto & Akinaka, Honolulu, of counsel) for appellant-appellee.

Before RICHARDSON, C. J., MIZUHA, ABE, LEVINSON, JJ., and Circuit Judge LAURETA in place of MARUMOTO, J., disqualified.

ABE, Justice.

The Hawaiian Memorial Life Plan, Ltd., hereinafter called "Life Plan," has entered into contracts with individuals, hereinafter called "Contract Purchasers," under a form of instrument called a "Pre-Need Agreement."

Under the Pre-Need Agreement, Life Plan agrees to arrange for funeral services with a duly licensed mortuary and a Contract Purchaser agrees to pay a fixed total price in monthly installments...

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