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HAWAIIAN INS. AND GUAR. CO. v. BROOKS

Nos. 7576, 9447.

686 P.2d 23 (1984)

HAWAIIAN INSURANCE AND GUARANTY COMPANY, LTD., Plaintiff-Appellee, v. Christine BROOKS, Defendant-Appellant, and Isaac Bunker and Robert Carroll, III, Defendants. HAWAIIAN INSURANCE AND GUARANTY COMPANY, LTD., Plaintiff-Appellee, v. Christine BROOKS and Robert Carroll, III, Defendants-Appellants, and Isaac Bunker, Defendant.

Supreme Court of Hawaii.

August 15, 1984.

Attorney(s) appearing for the Case

David C. Schutter, Honolulu (Judith Ann Pavey, Honolulu, with him on the briefs; Schutter, Pavey & Cayetano, Honolulu, of counsel), for defendants-appellants.

Walter Davis, Honolulu (Robert P. Richards, Honolulu, with him on brief in No. 7576 and John M. Cregor, Jr., Honolulu, with him on brief in No. 9447; Davis, Playdon, Reid & Richards, Honolulu, of counsel), for plaintiff-appellee.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.

NAKAMURA, Justice.

The scope of a policy of basic automobile liability insurance is at issue in these appeals from summary judgments entered in favor of the insurer by the Circuit Court of the First Circuit. The dispositive question is whether the rape of a passenger in an insured vehicle by another passenger was an "occurrence" that gave rise to a duty on the insurer's part of defending a tort suit brought by the victim against the driver. The circuit court held...

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