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ESTATE OF DOE v. PAUL REVERE INS. GROUP

No. 19403.

948 P.2d 1103 (1997)

86 Hawai`i 262

ESTATE OF John DOE, a pseudonym, Plaintiff-Appellant/Cross-Appellee, v. PAUL REVERE INSURANCE GROUP, a Subsidiary of Textron, Inc., James LuiKwan, Defendants-Appellees/Cross-Appellants, and John Does 1-10; Jane Does 1-10; Doe Corporations 1-10; Doe Partnerships 1-10; Roe "Non-Profit" Corporations 1-10; Roe Governmental Agencies 1-10, Defendants.

Supreme Court of Hawai`i.

December 18, 1997.

Attorney(s) appearing for the Case

Kirk H. Cashmere and David S. Brustein, on the briefs, Honolulu, for plaintiff-appellant/cross-appellee Estate of John Doe.

John R. Lacy and Margaret Jenkins Leong, of Goodsill Anderson Quinn and Stifel, on the briefs, Honolulu, for defendant-appellee/cross-appellant Paul Revere Insurance Group.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.

LEVINSON, Justice.

This appeal affords us our first opportunity to construe the application of Hawai`i Revised Statutes (HRS) chapter 431, article 10A, part I (1993), which governs "individual accident and sickness [insurance] policies," to the provisions of a "disability income insurance policy." The outcome-dispositive question presented is whether, under Hawai`i law, the standard "incontestability clause" of such a policy precludes an insurer from denying total...

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