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HAWAIIAN INS. & GUAR. CO. v. CHIEF CLERK

Nos. 10042, 10258.

713 P.2d 427 (1986)

HAWAIIAN INSURANCE & GUARANTY COMPANY, LTD., Plaintiff-Appellant, v. CHIEF CLERK OF THE FIRST CIRCUIT COURT, State of Hawaii, as Special Administrator of the Estate of Gerald August Lapenes, Jr., deceased, and Leona Isabel Lapenes, Defendants-Appellees, and Emma K.E. Kahawaii, Individually and as Special Administratrix of the Estate of Emma K. Kahawaii, deceased; Jacqueline T. Chang, Individually and as Special Administratrix of the Estates of Del Blake Kajiwara, deceased, and Teri Kaiulani Michi Kajiwara, deceased; and William Kim Waggoner, Intervenors-Appellees.

Supreme Court of Hawaii.

February 5, 1986.

Attorney(s) appearing for the Case

Roy Y. Yempuku (William L. Goo with him on briefs), Honolulu, for plaintiff-appellant.

Patricia Kim Park (Arthur Y. Park, Sean Kim, and Gordon Kim with her on brief; Gill, Park, Park & Kim, of counsel), Honolulu, for defendant-appellee Leona Lapenes and intervenors-appellees.

Anthony Y.K. Kim and Brian Takahashi (Rush, Moore, Craven, Kim & Stricklin, of counsel), Honolulu, for defendant-appellee Chief Clerk, First Circuit Court.

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

NAKAMURA, Justice.

In Fortune v. Wong, 68 Haw. 1, 4, 702 P.2d 299, 302 (1985), we ruled that "the plain wording of the `motor vehicle exclusion' [of a homeowner's insurance policy] enabled the insurance carrier to deny coverage" of a claim for damages premised on the negligent operation of an automobile by the minor child of the insured. The issue in this appeal from the Circuit Court of the First Circuit is whether the exclusion...

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