John W. Marsh - Page 12




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               intent and purpose to deceive Plaintiff and to induce                  
               Plaintiff to purchase and accept the insurance policy.                 
               Defendant and each * * * knew that Plaintiff believed                  
               such provisions to be true and the Plaintiff would and                 
               did justifiably rely on such promises and buying the                   
               insurance policy and paying the premiums thereon.                      
               Nevertheless, Defendant and its agents, employees,                     
               authorized representatives or assigns and each of them                 
               concealed such true intent from Plaintiff.                             
                           *    *    *    *    *    *    *                            
                    27.  In acting fraudulently and deceitfully as set                
               forth herein, Defendants and each of them intended to                  
               and did vex, annoy, and injure Plaintiff.                              
          Petitioner’s attorney made the insurer’s attorney aware of the              
          Kau v. State Farm Mut. Ins. Co., supra, and served an extensive             
          discovery request seeking the identities of all persons in Hawaii           
          to whom Travelers had denied claims based on the exclusion and              
          raised the prospect of expanding petitioner’s lawsuit into a                
          class action suit.  Compliance with the discovery request would             
          have required the insurer to expend thousands of hours of manual            
          labor.  The insurance company eventually agreed to settle the               
          lawsuit for the maximum amount payable under the policy,                    
          $105,000.  The Release and Indemnity Agreement stated in                    
          pertinent part:                                                             
                           RELEASE AND INDEMNITY AGREEMENT                            
               [B]y these presents does release, acquit and forever                   
               discharge, the said RELEASEE * * * from and on account                 
               of any and all claims, actions, causes of action,                      
               liability or liabilities, demands or damages of                        
               whatever name or nature, including any and all claims                  
               for general, special, punitive or treble damages, for                  
               insurance benefits of whatever name or nature, for past                
               and future earnings loss, for past and future medical                  





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