DeMello v. First Insurance Company of Hawaii, Ltd.

OPINION OF THE COURT BY

OGATA, J.

Howard J. DeMello (hereinafter plaintiff or plaintiff-insured) and First Insurance Company of Hawaii (hereinafter *520defendant or defendant-insurer) submitted this case for our decision under the provisions of the former ch. 631 of H.R.S., which provided that this Court could hear and determine a claim for relief presented on an Agreed Statement of Facts.1 From the submitted Agreed Statement of Facts we extract the following sequence of legally significant events.

Late on the evening of August 18, 1971, plaintiff was operating his pickup truck in Honolulu, on…