Bats, Inc. v. Shikuma

In this appeal from the lower court’s entry of summary judgment in an automobile accident case for the defendant and third-party plaintiff-appellee, only one issue is before us: Whether at the time of the accident the appellee was “using” the Vehicle so as to qualify for insurance coverage under the collision clause of his automobile insurance policy.

On August 2, 1974, the holder of the insurance policy in question, Defendant and Third-Party Plaintiff-Appellee Kenneth Nakamoto (hereinafter “Insured”) rented a van in Hilo, Hawaii from Plaintiff BATS, Inc. (hereinafter “plaintiff”) to help his…