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SENTINEL INS. v. FIRST INS. OF HAWAI`I

No. 16499.

875 P.2d 894 (1994)

76 Hawai`i 277

SENTINEL INSURANCE COMPANY, LTD., a Hawai`i corporation, Plaintiff-Appellee/Cross-Appellant, v. FIRST INSURANCE COMPANY OF HAWAI`I, LTD., a Hawai`i corporation, Defendant-Appellant/Cross-Appellee, and Does 1-10, Defendants.

Supreme Court of Hawai`i.

As Amended on Grant of Reconsideration June 24, 1994.

Attorney(s) appearing for the Case

Michele-Lynn E. Luke (Robert P. Richards, with her on the briefs, of Reid, Richards & Miyagi), Honolulu, for defendant-appellant/cross-appellee First Ins. Co. of Hawai`i, Ltd.

Arthur F. Roeca (Keith K. Hiraoka and Daniel T. Kim, with him on the briefs, of Roeca, Louie, & Hiraoka), Honolulu, for plaintiff-appellee/cross-appellant Sentinel Ins. Co., Ltd.

Daniel T. Kim of Roeca, Louie & Hiraoka, Honolulu, for Sentinel Ins. Co., Ltd., on the motion (for reconsideration).

Michele-Lynn E. Luke of Reid, Richards & Miyagi, Honolulu, for First Ins. Co. of Hawai`i, Ltd., on the answer (for reconsideration).

Before MOON, C.J., LEVINSON and NAKAYAMA, JJ., SOONG, Circuit Judge, in place of KLEIN, J., recused, and KAREN L. BLONDIN, Circuit Judge, in place of RAMIL, J., recused.

MOON, Chief Justice.

In this action for declaratory relief, defendant-appellant/cross-appellee First Insurance Company of Hawai`i, Ltd. (First Insurance) appeals from the circuit court's orders granting summary judgment in favor of plaintiff-appellee/cross-appellant Sentinel Insurance Company, Ltd. (Sentinel) wherein the court held that: (1) First Insurance breached its contractual duty to defend its insureds; and (2) because of such breach, coverage

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