An oral argument on coverage issues is scheduled before the ICA on November 12, 2008.  The brief description of the case (generally drafted by an ICA law clerk) states:

Chezray Hayes, a minor, died when the aircraft he waspiloting crashed on Molokai.  His parents, Defendants-AppelleesMitchell and Natalie Hayes (the Hayes), filed a wrongful deathaction against the plane’s owner, Plaintiffs-Appellees George’sAviation Services Inc., George Hanzawa, and Jennifer Oka (collectively,George’s Aviation).  George’s Aviation filed a declaratoryjudgment action against its insurer, Defendant-Appellant XL SpecialtyInsurance Company (XL), seeking a declaration that the totalamount of coverage available under XL’s policy was $300,000 ($100,000each for claims by each of the Hayes, individually, and $100,000 forthe Estate of Chezray Hayes).  On three summary judgment motions, theSecond Circuit Court ruled in favor of George’s Aviation and the Hayesand against XL.  XL timely filed this appeal.

On appeal, XL argues that the total amount ofcoverage available is limited by the "each person" limitation of$100,000 because the Hayes’ claims are derivative of the Estate ofChezray Hayes, and not entitled to separate policy limits.  Theappellees argue, inter alia, that XL’s derivative claimanalysis should be rejected, negligent infliction of emotional distressis an independent tort entitled to a separate policy limit, and XL’spolicy was ambiguous.

We hope to be there and will give you a blow-by-blow description (perhaps from our shiny iPhone?).  Thanks to the Supreme Court of Hawai`i Blog for posting about this upcoming oral argument.