SALVIEJO v. STATE FARM FIRE AND CAS. CO.

No. 20811.

958 P.2d 552 (1998)

87 Hawai`i 430

Indalescia T. SALVIEJO, Armando M. Salviejo, and Felipe B. Salviejo, Plaintiffs-Appellants, v. STATE FARM FIRE AND CASUALTY CO., an Illinois corporation, Defendant-Appellee, and CKI, Inc., a Hawai`i corporation, dba McDonald's Waipahu; Bounce-A-Bout, Inc., an Iowa corporation; Wapello Fabrications Company, an Iowa corporation; John Does 1-10; Jane Does 1-10; Doe Partnerships 1-10; Doe Corporations 1-10; Roe "Non-Profit" Corporations 1-10; and Roe Governmental Entities 1-10, Defendants.

Intermediate Court of Appeals of Hawai`i.

June 17, 1998.


Attorney(s) appearing for the Case

Roy K.S. Chang and Henry N. Kitamura (Shim Tam & Chang), and Kenneth T. Okamoto and Susan C. Yi (Price Okamoto Himeno & Lum), on the briefs, Honolulu, for plaintiffs-appellants.

Randall Y. Yamamoto and John S.Sasaki (Watanabe, Ing & Kawashima), on the brief, Honolulu, for defendant-appellee.

Before WATANABE and ACOBA, JJ., and Circuit Judge LIM in place of KIRIMITSU, J., recused.


ACOBA, Judge.

We uphold the validity of a homeowner's insurance policy provision that excludes personal liability coverage for bodily injury sustained by a named insured or a resident of the named insured's household, if the resident is a relative or "any other person under the age of 21 who is in care of" either a named insured or a relative. Although similar exclusions in automobile insurance policies have been invalidated, the cases which so hold have relied upon...

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