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BATS, INC. v. SHIKUMA

No. 6573.

617 P.2d 575 (1980)

BATS, INC., dba Harper Truck & Car Rentals of Hawaii, Plaintiff, v. Gene SHIKUMA, Defendant and Third-Party Plaintiff, v. HAWAII INSURANCE AND GUARANTY COMPANY, LTD., Third-Party Defendant, v. Kenneth NAKAMOTO, Defendant and Third-Party Plaintiff-Appellee, v. UNITED NATIONAL INSURANCE COMPANY, LTD., etc., Third-Party Defendant-Appellant.

Intermediate Court of Appeals of Hawaii.

September 30, 1980.

Attorney(s) appearing for the Case

Walter Davis, Honolulu (Davis, Witherwax, Playdon & Gerson, Honolulu, of counsel), for third-party defendant-appellant.

Tom C. Leuteneker, Hilo (Carlsmith, Carlsmith, Wichman and Case, Hilo, of counsel), for third-party plaintiff-appellee.

Before HAYASHI, C.J., and PADGETT and BURNS, JJ.

PER CURIAM.

In this appeal from the lower court's entry of summary judgment in an automobile accident case for the defendant and third-party plaintiff-appellee, only one issue is before us: Whether at the time of the accident the appellee was "using" the vehicle so as to qualify for insurance coverage under the collision clause of his automobile insurance policy.

On August 2, 1974, the holder of the insurance policy...

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