Westhaver v. Hawaiian Insurance & Guaranty Co.

Hawaiian Insurance and Guaranty Company, Ltd., appeals from summary judgment awarding $4,000 to Russell and Paul Westhaver in their action for breach of insurance contract. We reverse.

The pertinent facts are not in dispute. Russell Westhaver was the named insured on a standard automobile liability policy issued by Hawaiian. The policy explicitly covered Westhaver’s two automobiles, and in it Hawaiian agreed to pay the medical expenses of the named insured and each relative who sustained bodily injury while occupying an “owned” or “nonowned” automobile. An “owned automobile” was defined in the…