Del Monte Fresh Produce (Hawaii), Inc. v. Fireman's Fund Insurance Co.

Concurring Opinion by

ACOBA, J.,

with whom DUFFY, J., Joins.

I concur with the result in this case, but note my qualification to the majority’s holding that the Circuit Court of the First Circuit (the court) “erred when it concluded that an assignment by operation of law is consistent with Hawaii’s rules governing construction of insurance policies.” Majority opinion at 368, 183 P.3d at 745. The majority’s holding is premised on the determination that “an assignment by operation of law is merely an extension of the common law tort rule of successor liability” 1 that is superceded by the…