Pancakes Of Hawaii Inc. V. Pomare Properties Corp‪.‬

In this contractual indemnity and attorney's fees and costs case, Defendant/Counterclaimant/Cross-Claim Defendant-Appellant Pomare Properties Corporation, a Hawai'i corporation (Pomare Properties), appeals from the Second Circuit Court's October 31, 1995 judgment. The relevant portion of the judgment granted summary judgment on Pomare Properties' duty to defend in favor of Defendants/Cross-Claim Plaintiffs-Appellees Sofos Realty Corporation, a Hawai'i corporation, and Lee Carter (Carter) (collectively, Sofos), denied Pomare Properties' motion for reconsideration, and ordered Pomare Properties to pay one-half of Sofos' attorney's fees and costs. We hold that: (1) summary judgment was proper because (a) Pomare Properties had a duty to defend Sofos under a contractual defense and indemnity provision, and (b) Sofos has standing to pursue its cross-claim against Pomare Properties; (2) the trial court did not abuse its discretion when it denied Pomare Properties' motion for reconsideration when Pomare Properties failed to produce a fully executed settlement agreement to demonstrate that its duty to defend should be extinguished; and (3) the trial court did not abuse its discretion when it held Pomare Properties liable for $29,390.96 in attorney's fees and costs. Thus, we affirm that part of the October 31, 1995 judgment pertaining to Pomare Properties.*fn1