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Finley v. Home Insurance Co.6/4/1998
kiki Bus. Plaza, Inc., 58 Haw. 606, 575 P.2d 869 (1978), and is as follows: "where a party prevails on the disputed main issue, even though not to the extent of his [or her] original contention, he [or she] will be deemed to be the successful party for the purpose of taxing costs and attorney's fees." Id. at 620, 575 P.2d at 879. Thus if, on remand, the circuit court finds that the facts of the immediate case warrant a reimbursement of attorneys' fees, then there is a strong argument that the Finleys were the prevailing party. As such, we vacate the circuit court's Order Granting Defendant Hawaii Insurance Guaranty Association's Motion for Taxation of Costs and Attorney's Fees and remand for further determination pending the outcome of the reimbursement of attorneys' fees question.
IV. Conclusion
In Conclusion, to the extent that the following orders and judgment are inconsistent with this opinion, we (1) vacate in part the August 26, 1996 Order Granting in Part and Denying in Part Defendant Hawaii Insurance Guaranty Association's Motion to Enforce Settlement Agreement and Motion for Partial Summary Judgment as to Counts V, VI, and VII of Plaintiffs' Complaint, (2) vacate the December 19, 1996 Order Granting Defendant Hawaii Insurance Guaranty Association's Motion for Taxation of Costs and Attorney's Fees, (3) vacate in part the July 2, 1997 Amended Judgment, and (4) remand for a determination of (a) whether the Finleys, via AP's assignment, are entitled to a reimbursement of attorneys' fees under the Cumis doctrine, and if so, (b) whether HIGA is still entitled to attorneys' fees as the prevailing party.
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