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05-742 - Western World Ins. v. County of Hawaii, et al


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05-742 - Western World Ins. v. County of Hawaii, et al
January 29, 2007
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ORDER DENYING 35 PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. Signed by Judge DAVID ALAN EZRA on 1/29/07. (afc)
May 15, 2008
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT COUNTY OF HAWAI'I'S MOTION FOR CLARIFICATION OF THE ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND ORDER DENYING PLAINTIFF'S COUNTER MOTION FOR LEAVE TO TAKE INTERLOCUTORY APPEAL AND FOR STAY OF PROCEEDINGS ENTERED ON MARCH 18, 2008 69. Signed by JUDGE DAVID ALAN EZRA on 5/15/08. Excerpts of Conclusion: The March 2008 Order is clarified as holding that the issue of whether the Insurer has an obligation to indemnify County Defendants is unripe for a review. As a result, the Court DISMISSES WITHOUT PREJUDICE the Insurer's Complaint for Declaratory Judgment filed December 1, 2005. Following the resolution of the Underlying Actions, the Insurer may re-file its declaratory judgment action on the duty to indemnify should the facts adduced during these actions support such a filing. related doc: 66 March 2008 Order. (afc)