Ellis v. Liberty Mutual Insurance

D. Hawaii

Ellis v. Liberty Mutual Insurance

689 F. Supp. 1565, 1988 U.S. Dist. LEXIS 8985

CourtDistrict Court, D. Hawaii

DecidedMarch 15, 1988

DocketCiv. No. 87-0128

StatusPublished

This text of 689 F. Supp. 1565 (Ellis v. Liberty Mutual Insurance) is published on Counsel Stack Legal Research, covering District Court, D. Hawaii primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ellis v. Liberty Mutual Insurance, 689 F. Supp. 1565, 1988 U.S. Dist. LEXIS 8985 (D. Haw. 1988).

Pincite

Opinion

ORDER DENYING MOTION FOR SUMMARY JUDGMENT

KAY, District Judge.

Plaintiff filed this motion for summary judgment asking this court to determine whether the plaintiff’s insurance policy provides coverage for the incident as claimed by plaintiff. At the hearing on the motion, plaintiff orally argued that the insurance company has waived the ability to contest coverage or that the insurance company should be estopped from contesting coverage because of previous payments of no-fault benefits to plaintiff. This court, having examined the motion, the memoranda filed in support and in opposition thereto, having heard the arguments of counsel, and being fully apprised therein, finds that genuine issues of material fact are present with regard to plaintiff’s credibility and with regard to waiver and fraud.

Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for summary judgment is denied.

Free access — add to your briefcase to read the full text and ask questions with AI

ORDER DENYING MOTION FOR SUMMARY JUDGMENT

KAY, District Judge.

Plaintiff filed this motion for summary judgment asking this court to determine whether the plaintiff’s insurance policy provides coverage for the incident as claimed by plaintiff. At the hearing on the motion, plaintiff orally argued that the insurance company has waived the ability to contest coverage or that the insurance company should be estopped from contesting coverage because of previous payments of no-fault benefits to plaintiff. This court, having examined the motion, the memoranda filed in support and in opposition thereto, having heard the arguments of counsel, and being fully apprised therein, finds that genuine issues of material fact are present with regard to plaintiff’s credibility and with regard to waiver and fraud.

Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for summary judgment is denied.

Cite This Page — Counsel Stack

Bluebook (online)

689 F. Supp. 1565, 1988 U.S. Dist. LEXIS 8985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellis-v-liberty-mutual-insurance-hid-1988.