Hawaiian Isle Adventures, Inc. v. North American Capacity Insurance

ORDER DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT

SUSAN OKI MOLLWAY, District Judge.

I. INTRODUCTION.

This is an insurance coverage dispute before this court as a diversity action. Plaintiff Hawaiian Isle Adventures, Inc. (“HIA”), is a local outdoor recreation company that takes small groups of paying customers on ecological tours, which include hiking, snorkeling, and boogie boarding, as well as lectures on Hawaiian culture. On July 15, 2004, Lee Townes drowned while snorkeling during one of HIA’s outings. In May 2006, Carolyn Townes filed suit against HIA in state court, alleging that HIA’s…