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BEST PLACE, INC. v. PENN AMERICA INS. CO.

No. 16065.

920 P.2d 334 (1996)

82 Hawai`i 120

The BEST PLACE, INC., a Hawai`i corporation, Plaintiff-Appellant/Cross-Appellee, v. PENN AMERICA INSURANCE COMPANY, a foreign corporation, Defendant-Appellee/Cross-Appellant, and John Does 1 through 10; Doe Partnership, Corporation and/or Other Entities 1 through 20, Defendants.

Supreme Court of Hawai`i.

As Amended June 21, 1996.

Attorney(s) appearing for the Case

Michael R. Goodheart of Goodheart and Tady, on the briefs, Woodland Hills, CA, for plaintiff-appellant/cross-appellee.

Chuck T. Narikiyo, Chad P. Love and Myles T. Yamamoto of Love & Yamamoto, on the briefs, Honolulu, for defendant-appellant/cross-appellant.

Before MOON, C.J., LEVINSON, NAKAYAMA and RAMIL, JJ., and BURNS, Intermediate Court of Appeals Chief Judge, in place of KLEIN, J., Recused.

NAKAYAMA, Justice.

This appeal and cross-appeal arise from a complaint filed by the plaintiff-appellant/cross-appellee The Best Place, Inc. (Best Place) against its insurer, the defendant-appellee/cross-appellant Penn America Insurance Company (Penn). The complaint alleged the following two counts: (1) breach of contract; and (2) tortious breach of the implied covenant of good faith and fair dealing (the tort of bad faith). Prior to trial, both parties filed various...

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