Apana

I. STATEMENT OF FACTS

A. Underlying Dispute in Hawai’i State Court

On July 2, 2003, Corrine Apana and her husband Bill filed suit against Dennis Marugame and H. Marugame Plumbers, Inc. (“HMP”) in Hawai’i Circuit Court. The complaint alleged that on March 21, 2002, Dennis Marugame, a plumber employed by HMP, went to Walmart to service a clogged floor drain. He allegedly poured an “extremely strong drain 1 Hawaii’s Rules of Appellate Procedure request a “statement of facts showing the nature of the cause,” “a statement of prior proceedings in the case,” “the circumstances out of which the [certified] question arises,” and “the question of law to be answered.” HAW. R. APP. P. 13. We proceed accordingly. APANA v. TIG INSURANCE COMPANY 8849 cleaner” down the drain, which generated “noxious fumes” within the store. Corrine, a Walmart employee who was working nearby, breathed in these fumes and left the store bleeding from her nose and mouth. The Apanas sought dam- ages for lost wages, pain and suffering, and loss of consortium.

On August 10, 2003, HMP tendered a claim for defense to TIG Insurance Company (“TIG”) under a commercial general liability policy…