Auto Liability

Liberty Mutual Fire Insurance Co. v. Dennison

(Hawaii Court of Appeals, Oct. 11, 2005)

Ruling: The insurer in this case filed a declaratory judgment action against its insured, alleging that it was not liable for emotional distress damages caused when the insured saw his son was being treated following an automobile accident. On appeal, the court vacated the lower court’s ruling in favor of the insured and held that because the insured was not in the vehicle with his son at the time of the accident, he could not maintain an independent claim against the insurer under the auto policy.