 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
First Insurance Co. v. Lawrence9/16/1994
OPINION OF THE COURT BY MOON, C.J.
In this action for declaratory relief, plaintiff-appellant First Insurance Company of Hawaii, Ltd. (First Insurance) sought a judicial determination of its duty to defend and indemnify defendants-appellees Frederick D. Lawrence, Sr., Carolyn A. Lawrence, and Frederick D. Lawrence, Jr. (collectively, the Lawrences) under an automobile and homeowner's policy for the claims made against them in an underlying wrongful death action, Christopher T.F.K. Smith, Sr. v. Frederick D. Lawrence, Jr., Civ. No. 88-2531-08, filed in the First Circuit Court by defendants-appellees Christopher T.F.K. Smith, Sr., individually and as Special Administrator of the Estate of Christopher T.F.K. Smith, Jr.; Mary A.L. Smith; and Cyd L. Smith, Individually and as Guardian Ad Litem for Keikilaniilipanio K. Smith, Iokua K. Smith, and Tiare A. Smith, minors (collectively, the Smiths) [hereinafter, the Lawrences and the Smiths are collectively referred to as appellees].
First Insurance appeals from the circuit court's denial of its motion for partial summary judgment on the issue of coverage regarding the Smiths' claims for negligent infliction of emotional distress (NIED). Essentially, the court held that the Smiths' NIED claims are separate, common-law torts and constitute "accidental harm" within the meaning of Hawaii Revised Statutes (HRS) ยง 294-2(1) (1985). The court also concluded that a separate liability coverage limit is available for each proven NIED claim. First Insurance also appeals the circuit court's denial of its motion for reconsideration of the court's aforementioned rulings.
For reasons discussed below, we hold that: (1) the Statutory definition of accidental harm includes emotional distress; (2) although NIED claims are entitled to independent protection under general Hawaii tort law, such claims under Hawaii's No-Fault Law, HRS chapter 294, are derivative, subject to the exception discussed below; and (3) derivative claims are not subject to separate "each person" liability coverage limits. Based on the specific language of First Insurance's limitation of liability provision, which we believe to be consistent with the no-fault law, we also hold that the derivative NIED claims of the Smiths are subject to the single liability coverage limit applicable to Christopher's death. Accordingly, we affirm in part and reverse in part the circuit court's denial of First Insurance's motion for partial summary judgment. Because First Insurance's motion for reconsideration raised an issue that it could have and should have raised in its motion for partial summary judgment, we hold that the circuit court did not abuse its discretion in denying the motion for reconsideration.
I. FACTS
The basic facts of the underlying wrongful death action filed by the Smiths are not in dispute. On June 8, 1988, Frederick D. Lawrence, Jr. (Frederick) had been drinking beer with some friends, including Orlando Bitanga. Frederick, an unlicensed minor who was reportedly intoxicated at the time of the accident, was operating a vehicle owned by Bitanga's older brother. Noticing that Frederick was having difficulty controlling the vehicle, the police attempted to stop him. While being pursued by the police, Frederick struck and killed Christopher T.F.K. Smith, Jr. (Christopher), a pedestrian. The Smiths were not involved in nor did they witness the accident.
On August 15, 1988, the Smiths -- Christopher's parents, Christopher, Sr. and Mary; his wife, Cyd and their three children, Keikilaniilipanio, Iokua, and Tiare -- filed their wrongful death action against numerous parties, including Frederick and his parents, Frederick Lawrence, Sr. and Carolyn Law
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Hawaii Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|