FRANCO v. REINHARDT

SCWC-17-0000666.

539 P.3d 934 (2023)

Kawika FRANCO, Individually and as Personal Representative for the Estate of Tiare Franco; Peaches Kong and Apples Elaban, as Next Friends of Lovely Franco (Minor); Taua Gleason, as Next Friend of Kolomana Kong Kaniaupio Gleason and Kaulana Kong Kaniaupio Gleason (Minors); and Cheryl Russell, as Next Friend of Jeanne Russell (Minor), Respondents/Plaintiffs-Appellants, v. Sabio REINHARDT, Petitioner/Defendant-Appellee, and Josiah Okudara, Respondent/Defendant-Appellee.

Supreme Court of Hawai`i.

As Corrected December 18, 2023.


Attorney(s) appearing for the Case

J. Patrick Gallagher , Honolulu, and Kamalolo K. Koanui-Kong for petitioner.

Sue V. Hansen , Honolulu, for respondents.

RECKTENWALD, C.J., McKENNA, AND EDDINS, JJ., CIRCUIT JUDGE SOUZA AND CIRCUIT JUDGE KAWASHIMA, ASSIGNED BY REASON OF VACANCIES.


I.

In this wrongful death case, Tiare Franco's family (the Francos) appeal, again. Last time they successfully appealed the Circuit Court of the Second Circuit's declaratory judgment action ruling that National Interstate Insurance Company (NIIC) had no duty to defend or indemnify Sabio Reinhardt. The...

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