FORTUNE v. WONG

Nos. 9838, 9900, 10017, 9942, 10020, 9969 and 9954.

702 P.2d 299 (1985)

John FORTUNE, individually and as Guardian Prochein Ami for Derek Fortune, minor, Plaintiff-Appellee, v. Kelvin WONG, Mrs. Kelvin Wong, and Ronald K.O. Wong, Defendants-Appellees, and Barbara Y.M.Y. Lau and City and County of Honolulu, a municipal corporation, Defendants, and First Insurance Company of Hawaii, Ltd., Garnishee and Prospective Intervenor-Appellant. John FORTUNE, individually and as Guardian Prochein Ami for Derek Fortune, minor, Plaintiff-Appellant, v. Kelvin WONG, Mrs. Kelvin Wong, Ronald K.O. Wong, Barbara Y.M.Y. Lau, and City and County of Honolulu, a municipal corporation, Defendants, and First Insurance Company of Hawaii, Ltd., Garnishee and Prospective Intervenor-Appellee. John FORTUNE, individually and as Guardian Prochein Ami for Derek Fortune, minor, Plaintiff-Appellee, v. Kelvin WONG, Mrs. Kelvin Wong, Ronald K.O. Wong, Barbara Y.M.Y. Lau, and City and County of Honolulu, a municipal corporation, Defendants, and First Insurance Company of Hawaii, Ltd., Garnishee and Prospective Intervenor-Appellant. FIRST INSURANCE COMPANY OF HAWAII, LTD., Plaintiff-Appellant, v. Kelvin WONG, Peace Yuen Wong aka Mrs. Kelvin Wong; and Pacific Insurance Company, Ltd., Defendants-Appellees, and Ronald K.O. Wong; Island Insurance Company, Ltd. and Fireman's Fund Insurance Companies, Defendants, and ISLAND INSURANCE COMPANY, LTD., Third-Party Plaintiff, v. John FORTUNE, individually and as Guardian Prochein Ami for Derek Fortune, minor, Third-Party Defendants-Appellees, and Barbara Y.M.Y. Lau, City and County of Honolulu, a municipal corporation, John Does 1-10, Jane Does 1-10, Doe Partnerships 1-10, Doe Corporations 1-10; Roe "Non-Profit" Corporations 1-10; and Roe Governmental Entities 1-10, Third-Party Defendants.

Supreme Court of Hawaii.

June 24, 1985.


Attorney(s) appearing for the Case

Jeffrey S. Portnoy, Honolulu (Susan Oki Mollway, Honolulu, with him on the briefs; Cades Schutte Fleming & Wright, Honolulu, of counsel), for garnishee and prospective intervenor-appellant First Ins. Co. in Appeal Nos. 9838, 9900, 9942, 9969, 10017 and 10020.

Henry N. Kitamura, Honolulu (Raymond J. Tam, Roy K.S. Chang & Valerie W.H. Fong, Honolulu, with him on the briefs; Shim, Tam, Kirimitsu & Naito, Honolulu, of counsel), for appellee Fortune in Appeal Nos. 9838, 9900, 9942, 9969, 10017 and 10020.

Spencer L. Kimball, Chicago, Ill.; George W. Brandt, Thomas E. Cook and Beverly Lynne K. Hiramatsu, Honolulu, with him on the briefs (Lyons, Hagerman & Brandt, Honolulu, of counsel), for plaintiff-appellant First Ins. Co. in Appeal No. 9954.

Henry N. Kitamura, Honolulu (Raymond J. Tam, Roy K.S. Chang and Valerie W.H. Fong, Honolulu, with him on brief; Shim, Tam, Kirimitsu & Naito, Honolulu, of counsel), for appellees Wong and Pacific Ins. Co. and Fortune in Appeal No. 9954.

On the briefs in Appeal No. 9954:

Jan M. Weinberg, Roy J. Bell, III and Winfred K.T. Pong, Honolulu (Weinberg & Bell, Honolulu, of counsel), for amicus curiae for Hawaii Academy of Plaintiff's Attys.

Grant K. Kidani and Scott G. Leong, Honolulu (Kidani, Oshima & Wong, Honolulu, of counsel), for amicus curiae Cigna/Ins. Co. of North America.

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


NAKAMURA, Justice.

Seven appeals have been consolidated for consideration; they stem from a personal injury action and attempts by the plaintiff to recover the awarded damages from an insurance company. The principal parties to the appeals are the plaintiff, whose minor son was injured when struck by a motor vehicle driven by another minor, and the insurance carrier that issued a homeowner's insurance policy to the driver...

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