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LIBERTY MUT. INS. CO. v. SENTINEL INS. CO., LTD

No. 27429.

205 P.3d 594 (2009)

LIBERTY MUTUAL INSURANCE COMPANY, Plaintiff-Appellant/Cross-Appellee, v. SENTINEL INSURANCE COMPANY, LTD. and Hartford Insurance Group, Defendant-Appellee/Cross-Appellee, Zashell Labrador and PEMCO Mutual Insurance Company, Defendant-Counterclaimant/Appellee/Cross-Appellant, Elisa Tolfree, et al., Defendants.

Intermediate Court of Appeals of Hawai`i.

As Corrected April 22, 2009.

Attorney(s) appearing for the Case

Thomas Tsuchiyama, (Sumida & Tsuchiyama), Honolulu, for Plaintiff-Appellant/Cross-Appellee.

Phillip L. Carey, Hilo, for Defendant-Counterclaimant/Appellee/Cross-Appellant.

Partial Opinion of the Court by WATANABE, J., as to Parts I. through II.B.1; Partial Opinion of the Court by RECKTENWALD, C.J., as to Parts II.B.2. and III.; and WATANABE, J., dissenting as to Part II.B.2. and dissenting in part as to Part III.

Partial Opinion of the Court by WATANABE, J.

Plaintiff-Appellant/Cross-Appellee Liberty Mutual Insurance Company (Liberty Mutual) appeals and Defendant-Counterclaimant/Appellee/Cross-Appellant Zashell Labrador (Labrador) cross-appeals from the certified final judgment (Final Judgment) entered by the Circuit Court of the Third Circuit1 (circuit court) on July 21, 2005. The Final Judgment determined that Liberty Mutual must pay Labrador...

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