HAWAIIAN INS. & GUAR. CO., LTD. v. HIGASHI

No. 9110.

672 P.2d 556 (1983)

HAWAIIAN INSURANCE & GUARANTY COMPANY, LIMITED, Plaintiff-Appellant, v. Ronald G. HIGASHI and Shizue Higashi, Defendants-Appellees.

Intermediate Court of Appeals of Hawaii.

November 10, 1983.


Attorney(s) appearing for the Case

Charles H. Witherwax, Honolulu (William Schmidt, Honolulu, with him on briefs), for plaintiff-appellant.

John T. Vail, Wailuku, Maui, for defendants-appellees.

Before BURNS, C.J., and HEEN and TANAKA, JJ.


TANAKA, Judge.

In a suit on an indemnity agreement, plaintiff Hawaiian Insurance & Guaranty Company, Limited (HIG) appeals from the judgment in favor of defendants Ronald G. and Shizue Higashi (the Higashis). The principal issue is whether the trial court erred in concluding that the Higashis, as indemnitors, were free from liability. We hold that the trial court erred and reverse.

The material facts are not in dispute. On November 29, 1974, the Higashis...

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