NAUTILUS INS. CO. v. LEXINGTON INS. CO.

No. SCCQ-12-0000977.

321 P.3d 634 (2014)

132 Haw. 283

NAUTILUS INSURANCE COMPANY, Plaintiff-Appellant, v. LEXINGTON INSURANCE COMPANY, Doe Defendants 1-10, Defendants-Appellees.

Supreme Court of Hawai`i.

February 13, 2014.


Attorney(s) appearing for the Case

Roy F. Hughes , Honolulu, and Charlene Tran Murata , for plaintiff-appellant.

Randall Y. Yamamoto , Honolulu, and Christine E. Savage , for defendant-appellee.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, McKENNA, and POLLACK, JJ.


Opinion of the Court by ACOBA, J.

The United States Court of Appeals for the Ninth Circuit (Ninth Circuit) certified the following questions of law to this court:

1. Whether an insurer may look to another insurer's policy in order to disclaim the duty to defend, where the complaint in the underlying lawsuit alleges facts within coverage. 2. Whether an "other insurance" clause that purports to release an otherwise primary insurer of the duty to defend...

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