Sprague v. California Pacific Bankers & Insurance Ltd.12/27/2001
Plaintiffs/Appellants/Cross-Appellees Terri Sprague, individually and as Conservator of the Estate of William S. Adams and Grace P. Adams, Deceased; Dana Adams; and Brian Adams (collectively Plaintiffs) appeal from the following judgment and orders entered by Third Circuit Court Judge Ronald Ibarra: (1) the May 30, 2000 Second Amended Judgment; (2) the July 29, 1999 Order Denying Plaintiffs Terri Sprague, Individually and as Conservator of the Estates of William S. Adams and Grace P. Adams, Deceased; Dana Adams and Brian Adams' Motion to Amend Judgment, Dated June 16, 1999; (3) the August 17, 1999 Order Awarding Attorneys Fees and Costs to Defendant Tokunaga, and Costs to Sally Jo Nottage and Insurance Resources, Inc. and James T. Nottage and Jim Nottage Insurance, Inc.; and (4) the August 17, 1999 Order Awarding Costs to Plaintiff Terri Sprague, Individually and as Conservator of the Estates of William Adams and Grace P. Adams, Deceased, et al.
Defendants/Appellees/Cross-Appellants Jim Nottage Insurance, Inc. (Nottage Insurance), Insurance Resources, Inc. (Insurance Resources), Aviation Insurance Associates, Inc. (Aviation Insurance), James T. Nottage (James Nottage), Sally Jo Nottage (Sally Nottage), and Allen Tokunaga (Tokunaga) (collectively Defendants/Cross-Appellants) cross-appeal (1), (3), and (4) above.
Defendants/Appellees/Cross-Appellees California Pacific Bankers & Insurance Ltd. (California Pacific), Ann N. Nottage, Ivan W. C. Kam (Kam), Louan B. Chandler (Chandler), and Jeff H. Reynolds (Reynolds) (collectively Defendants/Cross-Appellees) did not appeal.
In this opinion, Defendants/Cross-Appellants and Defendants/Cross-Appellees, collectively, are "the Defendants."
We affirm (1), (2), and (4). We vacate (3) and remand for reconsideration in light of this opinion.
I. BACKGROUND
Doris Millard (Doris) testified, in relevant part, as follows: In August 1992, Doris and her husband, Maydwell Millard (Maydwell), were doing business as Kona Aviation and renting aircraft to others at Keahole Airport (now known as Kona International Airport). James Nottage was their insurance agent in Kona, Hawaii. Seeking to obtain aviation liability insurance for their Grumman aircraft, Maydwell and Doris contacted James Nottage. James Nottage enlisted the help of Chandler and Kam.
The annual premium for the policy was $1,150 payable in three installments. On August 10, 1992, Maydwell and Doris paid their first installment in the amount of $385 to Nottage Insurance.
On August 24, 1992, Nottage Insurance issued a Certificate of Insurance to "Maidwell Millard" stating that Nottage Insurance was the "producer," California Pacific was the insurer, the coverage was from August 10, 1992, through August 10, 1993, and the policy was "to issue." The coverage was for "$6,000 on hull with $100 deductible not in motion/$500 deductible flight or taxiing on 1974 Gruman AAIB, $500,000 each person passenger bodily injury [.]"
On August 26, 1992, a second Certificate of Insurance was issued by Nottage Insurance "IN LIEU OF CERTIFICATE DATED 8/24/92[.]" It corrected the spelling of Maydwell's name and added the name of Aviation Insurance Associates to the name of Nottage Insurance as producers of the policy. It stated that the "policy number" was "BINDER #921008" and the coverage was "CSL $500,000 BI&PD;INCL. PASS. LIAB." for a "1974 GRUMAN AAIB, REGISTRATION #N9890L, 1 PASSENGER SEAT[.]"
Maydwell subsequently received a revised invoice postmarked October 29, 1992, regarding "Binder No. - 921008" stating that the second payment was due on November 15, 1992, the third payment was due on December
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