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Supreme Court of Hawai'i
February 1, 2000, Decided
NOS. 21402 and 21439
[*402] [**97] OPINION OF THE COURT BY LEVINSON, J.
In this consolidated appeal, both parties 1 challenge portions of the first circuit court's orders granting in part and denying in part their cross-motions for summary judgment. The case arises out of a complaint filed by the plaintiff-appellee/cross-appellant Dairy Road Partners, dba Dairy Road Shell [hereinafter, DRP], and the plaintiff Shell Oil Company [hereinafter, Shell] seeking a declaration that the defendant-appellant/cross-appellee Island Insurance Company [hereinafter, Island] has a duty to defend and indemnify DRP and Shell, pursuant to four separate insurance [***2] policies issued by Island to DRP, in two separate lawsuits concerning an automobile accident allegedly caused by a DRP employee (collectively, "the underlying lawsuits"). 2 On cross-motions for summary judgment, the circuit court ruled that (1) Island is not required to defend or indemnify DRP or Shell pursuant to (a) DRP's business auto policy or (b) DRP's commercial general liability policy, but (2) a genuine issue of material fact remained with regard to whether Island is required to defend and indemnify DRP and Shell pursuant to DRP's (a) commercial garage liability policy and (b) commercial umbrella insurance policy. Accordingly, the circuit court granted Island's motion for summary judgment with respect to the business auto policy and the commercial general liability policy but denied it with respect to the commercial garage liability policy and the commercial umbrella insurance policy. The circuit court also purported to grant in part and deny in part DRP's motion for summary judgment, although it articulated the same conclusions with regard to all four policies described above.
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92 Haw. 398 *; 992 P.2d 93 **; 2000 Haw. LEXIS 49 ***
DAIRY ROAD PARTNERS, dba DAIRY ROAD SHELL, Plaintiff-Appellee/Cross-Appellant, and SHELL OIL COMPANY, Plaintiff, v. ISLAND INSURANCE COMPANY, LTD., a Hawai'i corporation, Defendant-Appellant/Cross-Appellee
Prior History: [***1] APPEAL FROM THE FIRST CIRCUIT COURT. (CIV. NO. 95-1167).
Disposition: Circuit court's orders concerning the parties' motions for summary judgment, as well as the circuit court's HRCP Rule 54 final judgment, vacated; matter remanded for the entry of orders.
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