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GREAT DIVIDE INS. CO. v. AOAO MALUNA KAI ESTATES

Civ. No. 05-00608 ACK-LEK.

492 F.Supp.2d 1216 (2007)

GREAT DIVIDE INSURANCE COMPANY, Plaintiff, v. AOAO MALUNA KAI ESTATES, Defendant.

United States District Court, D. Hawai`i.

May 14, 2007.

Attorney(s) appearing for the Case

Jeffrey S. Bolender, Patrick L. Blair, Bolender & Associates, Torrance, CA, for Plaintiff.

James R. McCarty, McCarty Law Office, Lahaina, HI, for Defendant.

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION

KAY, Senior District Judge.

In this case, Great Divide Insurance Company ("Great Divide") seeks a declaratory judgment that it does not owe a duty to defend or indemnify AOAO Maluna Kai Estates ("Maluna Kai"), a homeowners' association with a commercial general liability insurance policy issued by Great Divide, from an underlying claim brought by the family of a child who drowned in the swimming pool...

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