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ISLAND INS. CO., LTD. v. PERRY

No. 22561.

17 P.3d 847 (2000)

94 Hawai`i 498

ISLAND INSURANCE COMPANY, LTD., Plaintiff-Appellee, v. Roy S. PERRY, Defendant-Appellant, and Gary D. Folster, Defendant.

Intermediate Court of Appeals of Hawai`i.

As Amended February 15, 2001.

Attorney(s) appearing for the Case

Roy K. S. Chang and Harvey M. Demetrakopoulos, Honolulu, (Shim & Chang, of counsel), on the briefs, for Defendant-Appellant.

Roy F. Hughes and John T. Hassler, Honolulu, (Hughes & Taosaka, of counsel), on the briefs, for Plaintiff-Appellee.

BURNS, C.J., WATANABE and LIM, JJ.

Opinion of the court BURNS, C.J.

Defendant-Appellant Roy Perry (Perry) appeals the circuit court's May 26, 1999 Final Judgment in favor of Plaintiff-Appellee Island Insurance Company, Ltd. (Island). We vacate and remand for entry of an order of dismissal for lack of jurisdiction.

We conclude that when the insurer of the insured/alleged tortfeasor brings a statutory action for a declaratory judgment that the insurer does not have a duty to defend or indemnify...

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