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LIBERTY MUTUAL FIRE INS. CO. v. DENNISON

No. 24975.

120 P.3d 1115 (2005)

108 Hawai`i 380

LIBERTY MUTUAL FIRE INSURANCE COMPANY, Plaintiff-Appellant, v. Donald H. DENNISON and Lynn T. Dennison, Individually and as Next Friend of Tyrone Dennison, a minor, Defendants-Appellees.

Supreme Court of Hawaii.

October 11, 2005.

Attorney(s) appearing for the Case

Randall Y. Yamamoto and Brian A. Kang (of Watanabe, Ing & Kawashima), Honolulu, on the briefs, for plaintiff-appellant.

Bert S. Sakuda, Gregory L. Lui-Kwan, and Geoffrey K.S. Komeya (of Cronin, Fried, Sekiya, Kekina & Fairbanks), Honolulu, on the briefs, for defendants-appellees.

MOON, C.J., LEVINSON, NAKAYAMA, and DUFFY, JJ.; ACOBA, J., Dissenting.

Opinion of the Court by MOON, C.J.

This action for declaratory relief arises out of an automobile accident in which then-fifteen year old Tyrone Dennison (Tyrone) suffered severe injuries, including brain damage. The dispute on appeal centers around Tyrone's father, defendant-appellee Donald H. Dennison (Donald) and his separate claim for underinsured motorist (UIM) benefits. Briefly stated, although Donald was not involved in the accident, he claimed emotional distress...

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