Legal Opinion

Engle v. Liberty Mutual Fire Insurance

District Court, D. Hawaii

Decided July 11, 2005No. Civ. 04-00256 SOM/BMKPublishedCited by 5 opinions

1Opinion of the Court

ORDER GRANTING DEFENDANT LIBERTY MUTUAL FIRE INSURANCE COMPANY’S MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS; ORDER GRANTING LIBERTY MUTUAL’S MOTION FOR PARTIAL SUMMARY JUDGMENT

MOLLWAY, District Judge.

I. INTRODUCTION.

What does it mean to be included? Much of this insurance coverage dispute turns on how one dissects the unassuming word “including” as it is used in a Hawaii insurance statute. Plaintiffs, an insured and her treatment provider, say the word “including” introduces examples, so that a reference to an independent medical examination (“IME”) as “including” a record review means that…

2Cases cited16 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Hal Roach Studios, Inc., a Delaware Corporation v. Richard Feiner and Company, Inc., a New York CorporationCourt of Appeals for the Ninth Circuit · 1990
  5. Leocal v. AshcroftSupreme Court of the United States · 2004

11 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Gillan v. Government Employees Insurance Co.Hawaii Supreme Court · 2008
  2. Gov't Emps. Ins. Co. v. SandersMissouri Court of Appeals · 2018
  3. Gillan v. Government Employees Insurance Co.Hawaii Intermediate Court of Appeals · 2008
  4. Camp v. Ohana Military Communities, LLCDistrict Court, D. Hawaii · 2024
  5. Gillan v. Government Employees Insurance Co.Hawaii Supreme Court · 2008

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