St. Paul Fire & Marine Insurance Company v. Hawaiian Insurance & Guaranty Company

OPINION OF THE COURT BY

PADGETT, J.

This is an appeal from a summary judgment entered below upon the appellee’s complaint for declaratory relief. Appellant was the primary medical malpractice insurance carrier of Clifford K. W. Chock, M.D. and John H. Takamura, M.D. and David A. Johnson, M.D., dba Medical Anesthesia. As a result of the death of Robert Takada, two lawsuits against them were filed, consolidated and settled for a lump sum of $ 165,000. Appellee carried the excess over $100,000 on the insurance coverage. The judgment below held that appellant should pay the $65,000 excess rather…