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APANA v. TIG INS. CO.

Civil No. 06-00653 JMS/LEK.

504 F.Supp.2d 998 (2007)

Bill H. APANA, as Personal Representative of the Estate of Corrine Apana, Plaintiff, v. TIG INSURANCE COMPANY; John Does 1-10; Jane Does 1-10; Doe Corporation 1-10, Defendants.

United States District Court, D. Hawai`i.

August 16, 2007.

Attorney(s) appearing for the Case

Joe P. Moss, Lihue, HI, for Plaintiff.

Doris D.G. Lum, Greg H. Takase, Leah M. Reyes, Lynn B.K. Costales, Henderson Gallagher & Kane, Honolulu, HI, J. Patrick Gallagher, Heller Ehrman White & McAuliffe, Palo Alto, CA, for Defendants.

AMENDED ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

SEABRIGHT, District Judge.

I. INTRODUCTION

This diversity case raises three questions relating to Hawaii state insurance law: (1) whether the Defendant, TIG Insurance Company ("TIG"), had a duty to defend against Plaintiff Bill Apana's ("Plaintiff") claims where courts nationwide are divided on the applicable legal issue and the Hawaii...

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