Commerce & Industry Insurance v. Bank of Hawaii

OPINION OF THE COURT BY

LUM, C.J.

From a declaratory judgment action to determine the scope of plaintiff-appellant Commerce & Industry Insurance Company’s (CIIC) duty to defend, CIIC appeals an order granting summary judgment in favor of defendant-appellee Bank of Hawaii (BOH) and holding that CIIC had a duty to defend BOH even after claims covered by CIIC were dismissed in the underlying litigation.

We agree with the lower court that dismissal of the emotional distress claim which gave rise to the initial duty to defend did not finally dispose of the potential for coverage. Because the…