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DACANAY v. LIBERTY MUT. INS. CO.

No. 25424.

120 P.3d 1128 (2005)

108 Hawai`i 393

In the Matter of the Claim of Flor DACANAY, Claimant/Appellee-Appellee, v. LIBERTY MUTUAL INSURANCE CO., Respondent/Appellant-Appellant, and J.P. Schmidt, Insurance Commissioner, Appellee-Appellee.

Intermediate Court of Appeals of Hawaii.

Certiorari Dismissed September 2, 2005.

Attorney(s) appearing for the Case

James H. Monma and Anthony L. Wong (Matsui Chung Sumida & Tsuchiyama, of counsel), Honolulu, on the briefs, for respondent/appellant-appellant.

T.J. Lane, on the briefs, for claimant/appellee-appellee.

Deborah Day Emerson and David A. Webber, deputy attorneys general, State of Hawai`i, on the briefs, for appellee-appellee.

WATANABE, Acting C.J., and LIM, J.; and FOLEY, J., dissenting.

Opinion of the Court by WATANABE, Acting C.J.

This secondary appeal by Respondent/Appellant-Appellant Liberty Mutual Insurance Co. (Liberty Mutual) stems from an administrative proceeding initiated by Claimant/Appellee-Appellee Flor Dacanay (Dacanay) before Appellee-Appellee Insurance Commissioner for the State of Hawai`i (the Commissioner),1 challenging Liberty Mutual's refusal to pay several...

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