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CHRISTIANSEN v. FIRST INS. CO. OF HAWAII

No. 19968.

967 P.2d 639 (1998)

88 Hawai`i 442

James R. CHRISTIANSEN and Jane-Barrie Christiansen, Plaintiffs-Appellants, v. FIRST INSURANCE COMPANY OF HAWAII, LTD., Defendant-Appellee, and Does 1 through 15, Inclusive, Defendants.

Intermediate Court of Appeals of Hawai`i.

Certiorari Granted April 21, 1998.

As Amended April 22, 1998.

Attorney(s) appearing for the Case

James R. Christiansen and Jane-Barrie Christiansen, plaintiffs-appellants pro se.

Jeffrey A. Griswold (Lyons, Brandt, Cook & Hiramatsu, of counsel) on the brief, Honolulu, for defendant-appellee.

Before WATANABE, ACOBA and KIRIMITSU, JJ.

KIRIMITSU, Judge.

This case presents two issues of first impression in this jurisdiction: (1) whether a claim alleging the tort of bad faith in the context of a first-party insurance claim is (a) an action independent of the insurance policy and, therefore, not subject to the policy's one-year limitation provision and (b) governed by the appraisal process provided for in the policy; and (2) whether a claim alleging a legal breach of contract and seeking compensatory...

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