Hirakawa
Northern Insurance v. Hirakawa
Opinion
Lead Opinion
MEMORANDUM ***
Appellants Shane Hirakawa, Herman Kapiioho, Gwendolyn Kapiioho, Daena M.L. Shigemura, and Cindy Tamura, as Next Friend of Daena M.L. Shigemura, a minor, appeal the district court’s grant of summary judgment in favor of Appellee Northern Insurance Co. on its declaratory judgment action seeking a declaration that it did not owe a duty to defend or indemnify its insureds for claims brought in an underlying personal injury action.
*836 Appellee’s insurance policy covers claims for bodily injury “caused by an ‘occurrence,’” and defines “occurrence” as an “accident.” Under Hawaii law, “if the insured did something or ... failed to do something, and the insured’s expected result of the act or omission was the injury, then the injury was not caused by an accident and therefore not an occurrence.” Hawaiian Ins. & Guar. Co. v. Blanco, 72 Haw. 9 , 804 P.2d 876, 880 (Haw.1990), overruled in part on other grounds by Dairy Road Partners v. Island Ins. Co., 92 Hawai’i 398, 992 P.2d 93 (Haw.2000).
The insured has the burden of establishing coverage under an insurance policy. Sentinel Ins. Co. v. First Ins. Co. of Haw., Ltd., 76 Hawai’i 277, 875 P.2d 894 , 909 n. 13 (Haw.1994).…