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WASHINGTON v. FIREMAN'S FUND INS. COMPANIES

Nos. 9411, 9965.

708 P.2d 129 (1985)

Donna WASHINGTON, Plaintiff-Appellant, v. FIREMAN'S FUND INSURANCE COMPANIES, a foreign corporation, Defendant-Appellee, and State of Hawaii, Defendant. Helene STONE, Individually and as Next Friend to Marlo Stone, Jeanette Mawae, Individually and as Next Friend to Josette Mawae, Roberta DeMello, Alfred DeMello, Jr., Individually and as Next Friend to Roxanne Nakamura, and on behalf of themselves and all those similarly situated, Plaintiffs-Appellants, v. STATE of Hawaii, Defendant-Appellee.

Supreme Court of Hawaii.

October 15, 1985.

Attorney(s) appearing for the Case

Nathan Sult, (David L. Turk with him on briefs, Turk and Agena, of counsel) Honolulu, for plaintiffs-appellants Washington and Stone, et al.

Stephen K. Chang, Deputy Atty. Gen., Honolulu, for defendant-appellee State of Hawaii.

Alan K. Nii, (Carleton B. Reid, Douglas H. Knowlton on brief in No. 9411, and Carleton B. Reid with him on brief in No. 9965; Davis, Reid & Richards, of counsel) Honolulu, for defendant-appellee Fireman's Fund Ins. Companies.

Before LUM, C.J., NAKAMURA, HAYASHI and WAKATSUKI, JJ., and BURNS, Intermediate Court of Appeals Chief Judge, in place of PADGETT, J., recused.

HAYASHI, Justice.

Article I, section 5 of the Hawaii Constitution and the Fourteenth Amendment, section 1 of the United States Constitution prohibit the denial of due process or equal protection of the laws. In these two consolidated cases, we consider whether the provisions of Hawaii Revised Statutes (hereinafter "HRS") Chapter 294 are prohibited by the Hawaii and United States Constitutions. We also must consider whether HRS § 294-2(10) provides coverage for...

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