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eBook details

• Title: Aig Hawai''i Insurance Co. V. Bateman
• Author : Hawaii Supreme Court
• Release Date : January 11, 1996
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

We have previously reviewed this action for declaratory relief. See AIG Hawai'i Insurance Co., Inc. v. Vicente, 78 Hawai'i 249, 891 P.2d 1041 (1995) [hereinafter, Vicente I ]; AIG Hawai'i Insurance Co, Inc. v. Vicente, No. 19274 (Order of Dismissal filed December 13, 1995) [hereinafter, Vicente II ]. In the present appeal, plaintiff-appellant AIG Hawai'i Insurance Co., Inc. (AIG) appeals from the judgment of the Second Circuit Court filed on January 25, 1996. AIG argues on appeal that the circuit court erred in denying its motion to rescind a settlement agreement it had entered into with defendant/cross-claimant-appellee Pat Vicente relating to a tort action brought by Vicente against defendant/cross-claim defendant-appellee Billy Bateman for injuries Vicente suffered in a motor vehicle accident with a car driven by Bateman, owned by third-party defendant Flor Corpuz, and insured by AIG [hereinafter, the settlement agreement]. AIG asserts that the settlement agreement was premised on a mutual mistake of law, i.e., that AIG owed a duty to defend and indemnify Bateman, and is therefore voidable.

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