McLELLAN v. ATCHISON INS. AGENCY INC.

No. 16090.

912 P.2d 559 (1996)

81 Hawai`i 62

Sands Dickson McLELLAN, Plaintiff-Appellant, v. ATCHISON INSURANCE AGENCY, INCORPORATED, Defendant-Appellee, and Fireman's Fund Insurance Co.; John Does 1-10; Jane Does 1-10; Doe Corporations 1-10, Defendants. ATCHISON INSURANCE AGENCY, INCORPORATED, Third-Party Plaintiff-Appellee, and Fireman's Fund Insurance Co., Third-Party Plaintiff, v. KAUAI FAMILY MEDICINE, INC. and Harold C. Spear, III, M.D., also known as Tex Spear, M.D., Third-Party Defendants.

Intermediate Court of Appeals of Hawai`i.

February 22, 1996.


Attorney(s) appearing for the Case

Paul A. L'Ecuyer, on the briefs, Kailua, for plaintiff-appellant.

Brian K. Yomono and Gail Y. Cosgrove (Hisaka, Stone & Goto, of counsel), on the brief, Honolulu, for defendant-appellee and third-party plaintiff-appellee Atchison Insurance Agency, Inc.

Before BURNS, C.J., KIRIMITSU, J., and COLLEEN K. HIRAI, Circuit Judge, in place of ACOBA, J., Recused.


KIRIMITSU, Judge.

Plaintiff-appellant Sands McLellan (McLellan) appeals the First Circuit Court's November 22, 1991 order granting defendant-appellee/third-party plaintiff-appellee Atchison Insurance Agency's (Atchison)1 motion for partial summary judgment (November 22, 1991 order) that dismissed McLellan's claim for negligent procurement of insurance coverage. On appeal, McLellan contends,

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