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FIREMAN'S FUND INS. v. AIG HAWAI`I INS.

No. 25035.

126 P.3d 386 (2006)

109 Hawai'i 343

FIREMAN'S FUND INSURANCE COMPANY, Plaintiff-Appellant/Cross Appellee, v. AIG HAWAI`I INSURANCE COMPANY, INC., Defendant-Appellee/Cross Appellant.

Supreme Court of Hawai`i.

Reconsideration Denied February 3, 2006.

Attorney(s) appearing for the Case

Keith K. Hiraoka (of Roeca Louie & Hiraoka), Honolulu, on the briefs, for plaintiff-appellant/cross appellee.

Randall Y.S. Chung, Honolulu, and Archie T. Ikehara, on the briefs, for defendant-appellee/cross-appellant.

MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, and DUFFY, JJ.

Opinion of the Court by MOON, C.J.

The instant appeals arise out of a declaratory judgment action initiated by plaintiff-appellant/cross-appellee Fireman's Fund Insurance Company (Fireman's Fund). Therein, Fireman's Fund, the assignee and insurer of Outrigger Hotels Hawai`i (Outrigger), sought a declaration that defendant-appellee/cross-appellant AIG Hawai`i Insurance Co., Inc. (AIG Hawai`i) had a duty to defend Outrigger in two personal injury lawsuits:

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