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FRED v. PACIFIC INDEMNITY COMPANY

No. 5088.

494 P.2d 783 (1972)

Arthur W. FRED, as Administrator with the Will Annexed of the Estate of Ruth Fred, Deceased, a California Estate, Plaintiff-Appellee, v. PACIFIC INDEMNITY COMPANY, a California corporation, Defendant-Appellant.

Supreme Court of Hawaii.

Rehearing Denied March 29, 1972.

Attorney(s) appearing for the Case

George W. Ashford, Jr., Honolulu, (Jenks, Kidwell, Goodsill & Anderson, Honolulu, of counsel), for defendant-appellant.

David C. Schutter, Honolulu, for plaintiff-appellee.

Before RICHARDSON, C.J., and MARUMOTO, ABE, LEVINSON and KOBAYASHI, JJ.

KOBAYASHI, Justice.

This appeal is being pursued by appellant, Pacific Indemnity Company, from the decision of the trial court granting summary judgment in favor of appellee, Estate of Fred. The action arose in contract against appellant insurance company on a policy of marine insurance it had issued. The trial court found against appellant on grounds of estoppel.

In March, 1969, appellee held a pending California judgment against Harold Conway for wrongfully...

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