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BOWERS v. ALAMO RENT-A-CAR, INC.

No. 20273.

965 P.2d 1274 (1998)

88 Hawai`i 274

Charles D. BOWERS and State Farm Mutual Automobile Insurance Company, an Illinois corporation, Plaintiffs-Appellees, v. ALAMO RENT-A-CAR, INC., a Florida corporation, John Does 1-5; Jane Does 1-5; and Doe Entities 1-5, Defendant-Appellant.

Supreme Court of Hawai`i.

June 17, 1998.

Attorney(s) appearing for the Case

Wayne M. Sakai and Judy Y. Chung of Burke, Sakai, McPheeters, Bordner, Iwanaga & Estes, on the briefs, for defendant-appellant.

Thomas L.H. Yeh, Stephen J.Menezes and Michael W. Moore of Menezes Tsukazaki Yeh & Moore, on the briefs for plaintiffs-appellees.

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

NAKAYAMA, Justice.

Defendant-appellant Alamo Rent-a-car, Inc. appeals from a ruling of the circuit court granting partial summary judgment in favor of plaintiffs-appellees Charles Bowers and State Farm Mutual Automobile Insurance Company in this declaratory judgment action. The circuit court ruled that: (1) the escape clause contained in the Alamo rental agreement was void; (2) Alamo has the primary obligation to defend and indemnify Bowers against claims for personal...

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