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IN RE BENZ

BAP No. HI-06-1274-MoBK, Bankruptcy No. 05-04020.

368 B.R. 861 (2007)

In re Rodger Dale BENZ and Maria Yim-King Benz, Debtors. Rodger Dale Benz; Maria Yim-King Benz, Appellants, v. Dtric Insurance Company, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed March 28, 2007.

Attorney(s) appearing for the Case

Lissa D. Shults and Bradley R. Tamm, Shults & Tamm, LLP, Honolulu, HI, for appellant.

Daniel M. Chen, Sakai Iwanaga Sutton Law Group, Honolulu, HI, for appellee.

Before: MONTALI, BRANDT and KLEIN, Bankruptcy Judges.

OPINION

DENNIS MONTALI, Bankruptcy Judge.

Debtors, defendants in a pre-petition lawsuit pertaining to their former residence, tendered defense of that action to their insurer. After the petition date, the insurer informed the debtors that it would no longer provide a defense to the lawsuit, stating that the claims in the state court lawsuit were excluded from the coverage of their homeowners' policy. The debtors filed a contempt motion against the insurer...

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