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HAWAIIAN INS. & GUARANTY CO. v. FERNANDEZ

No. 7654.

641 P.2d 1365 (1982)

HAWAIIAN INSURANCE AND GUARANTY COMPANY, Plaintiff-Appellant, v. Patricia FERNANDEZ, Individually, as Prochein Ami of Christopher Kalai Fernandez, Alika Fernandez and Kealiipunahele Fernandez, Minors, and as Administratrix of the Estate of Ernest B. Fernandez, Jr., Deceased; State of Hawaii, Shimizu & Sons Construction, Inc., Leland Marciel, dba Marciel Trucking Company, and Global Construction Co., Inc., Defendants-Appellees.

Intermediate Court of Appeals of Hawaii.

March 25, 1982.

Attorney(s) appearing for the Case

Gary N. Hagerman, Honolulu (Thomas E. Cook, Honolulu, with him on the briefs, Lyons, Hagerman & Brandt, Honolulu, of counsel), for plaintiff-appellant Hawaiian Ins. & Guaranty.

James F. Ventura, Honolulu (Libkuman, Ventura, Moon & Ayabe, Honolulu, of counsel), for defendant-appellee Global Const.

Everett Walton, Wailuku (Ueoka and Luna, Wailuku, of counsel), for defendant-appellee Shimizu & Sons Const.

Before HAYASHI, C.J., and PADGETT and BURNS, JJ.

PADGETT, Judge.

This is an appeal in a declaratory judgment action brought by appellant, an insurer, against its insured and others to determine the extent of its obligations. It involves the same accident as was involved in No. 7856, Fernandez v. Shimizu. The question raised by the parties is whether, because of an agreement signed by Shimizu indemnifying Global, the appellant, Hawaiian Insurance & Guaranty Company, under its policy (issued to Appellee...

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