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  5. 832 P.2d 733 (1992)
 

COMMERCE & INDUSTRY v. BANK OF HAWAII

No. 15715.

832 P.2d 733 (1992)

COMMERCE & INDUSTRY INSURANCE COMPANY, Plaintiff/Counter-Defendant-Appellant, v. BANK of HAWAII, Defendant/Counter-Claimant-Appellee, and John Does 1-10, Jane Does 1-10, Doe Corporations 1-10, and Doe Governmental Entities 1-10, Defendants.

Supreme Court of Hawaii.

Reconsideration Denied July 31, 1992.

Attorney(s) appearing for the Case

Roy F. Hughes (Stuart N. Fujioka, with him on the opening brief), Honolulu, for plaintiff/counter-defendant-appellant.

Dorothy Sellers of Carlsmith, Ball, Wichman, Murray, Case, Mukai & Ichiki, Honolulu, for defendant/counter-claimant-appellee.

Before LUM, C.J., WAKATSUKI and LEVINSON, JJ., BURNS, Chief Judge in place of MOON, J., recused, and HEEN, Judge, in place of KLEIN, J., recused.

LUM, Chief Justice.

From a declaratory judgment action to determine the scope of plaintiff-appellant Commerce & Industry Insurance Company's (CIIC) duty to defend, CIIC appeals an order granting summary judgment in favor of defendant-appellee Bank of Hawaii (BOH) and holding that CIIC had a duty to defend BOH even after claims covered by CIIC were dismissed in the underlying litigation.

We agree with the lower...

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