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C. BREWER & CO. v. MARINE INDEM. INS. CO.

No. SCWC-28958.

347 P.3d 163 (2015)

135 Haw. 190

C. BREWER AND COMPANY, LTD., Respondent/Plaintiff-Appellant, v. MARINE INDEMNITY INSURANCE COMPANY OF AMERICA; Fireman's Fund Insurance Company of Hawaii; and James River Insurance Company, Petitioners/Defendants-Appellees, and Industrial Indemnity Company; Industrial Insurance Company Of Hawaii, Ltd.; National Union Fire Insurance Company Of Pittsburgh; United States Fire Insurance Company; Liberty Mutual Insurance Company; Tig Insurance Company; Columbia Casualty Company; The Home Insurance Company; Reliance Insurance Company; Lexington Insurance Company; Cigna Property And Casualty Insurance Co.; Pacific Employers Insurance Co., Inc.; Scottsdale Insurance Company; First State Insurance Co.; Kilauea Irrigation Co., Inc.; Kehalani Holdings Co., Inc.; State Of Hawai`i; And Hawaii Insurance Guaranty Association; Respondents/Defendants-Appellees, and State of Hawai`i, Respondent/Third-Party Plaintiff-Cross-Appellant, v. Marsh USA, Inc., Respondent/Third-Party Defendants-Appellees, and Kehalani Holdings Company, Inc., Respondent/Third-Party Plaintiff-Cross-Appellant, v. United National Insurance Company; Commonwealth Insurance Company; Alexander Howden Limited; Integrity Insurance Company; Hawaiian Insurance & Guaranty Company, Limited; Holland-America; International Insurance Company; Tradewind Insurance Company, Limited; and Island Insurance Company, Limited, Respondent/Third-Party Defendants-Appellees.

Supreme Court of Hawai`i.

March 27, 2015.

Attorney(s) appearing for the Case

Keith K. Hiraoka , Jodie D. Roeca , Honolulu, Robert J. Romero , pro hac vice and Maria S. Quintero , pro hac vice, for petitioner/defendant-appellee James River Insurance Company.

Kenneth R. Kupchak , Tred R. Eyerly and Mark M. Murakami , Honolulu, for respondent/plaintiff-appellant C. Brewer and Company, Ltd.

NAKAYAMA, Acting C.J., McKENNA, POLLACK, and WILSON, JJ., and Circuit Judge KUBO, in Place of RECKTENWALD, C.J., Recused.

I. Introduction

On March 14, 2006, a large portion of the Kaloko Dam ("Dam") in Kîlauea, Kaua`i collapsed, releasing over three million gallons of water, resulting in the loss of seven lives as well as extensive property damage ("Dam Breach"). At the time of the Dam Breach, James Pflueger...

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