Allstate Insurance Company v. Pacheco

851 F.2d 257 ALLSTATE INSURANCE COMPANY, Plaintiff-Appellee, v. Cecil A. PACHECO, individually, and as guardian ad litem of Raquel Pacheco, a minor; Laverne Pacheco, individually, Defendants-Appellants, and Moises M.T. Fabia, Sr., also known as Moses M.T. Fabia, Sr., individually, and Ninfa C. Fabia, individually and as guardian ad litem of Moises M.T. Fabia, Jr., a minor, Defendants. No. 87-2437. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 7, 1988. Decided July 1, 1988. Roy J. Bell, III, Weinberg & Bell, Honolulu, Hawaii, for defendants-appellants. William C. McCorriston, Honolulu, Hawaii, for plaintiff-appellee. John D. Yamane, Honolulu, Hawaii, for defendants Fabia. Appeal from the United States District Court for the District of Hawaii. Before WALLACE, REINHARDT and NOONAN, Circuit Judges. NOONAN, Circuit Judge: 1 Allstate Insurance Company (Allstate), an Illinois corporation, brings an action for declaratory relief to obtain the court's construction of an insurance policy. The defendants are Moises M.T. Fabia, Sr. and Ninfa C. Fabia, insureds under the policy; their minor son, Moises; Raquel Pacheco, a minor, who was injured by Moises Jr.;…