(Download) "Hawaiian Insurance & Guaranty Co. V. Chief Clerk Of First Circuit Court" by Hawaii Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Hawaiian Insurance & Guaranty Co. V. Chief Clerk Of First Circuit Court
- Author : Hawaii Supreme Court
- Release Date : January 05, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
In Fortune v. Wong, 68 Haw. 1, 4, 702 P.2d 299, 302 (1985), we ruled that "the plain wording of the 'motor vehicle exclusion' [of a homeowner's insurance policy] enabled the insurance carrier to deny coverage" of a claim for damages premised on the negligent operation of an automobile by the minor child of the insured. The issue in this appeal from the Circuit Court of the First Circuit is whether the exclusion also serves to exclude coverage where the gravamen of the suits against the insured is the alleged negligent entrustment of an automobile, a question we did not reach in Fortune v. Wong. See id. at 4 n.1, 702 P.2d at 302 n.1. Since the policy in question plainly "does not apply . . . to bodily injury or property damage arising out of the ownership . . . [or] use . . . of" an automobile,*fn1 we reverse the circuit court's declaratory ruling that the insurer is obligated to undertake a defense of the suits.