Allstate Insurance Co. is asking for a ruling in federal court here that it should not have to pay the legal costs of Kaua'i Police Chief Darryl D. Perry in defending himself in a defamation lawsuit brought against him and others in January by his brother Warren Perry.

Legal documents filed in U.S. District Court by attorneys for Allstate argue that a homeowners insurance policy and umbrella policy taken out by Perry do not require the insurance company to defend Perry in the lawsuit.

Darryl Perry is one of more than 36 candidates to replace Boisse Correa as Honolulu police chief.

According to the defamation lawsuit filed by Warren Perry in Circuit Court on Kaua'i, Darryl Perry, Eugene Perry, Antone Perez Perry and others filed a groundless complaint with the Hawai'i Office of Disciplinary Council accusing him of concealing the fact that he used insurance settlement money to make repairs to a Perry family estate home in Lawai, Kaua'i, that was damaged by Hurricane Iwa in 1982 and Hurricane Iniki in 1992.

In his lawsuit against Darryl and the other Perry brothers, Warren Perry claimed the "frivolous ODC" complaint was leaked to the Kaua'i County Council in 2007, ruining his chances of becoming Kaua'i's county attorney.

Warren Perry said he had to decline a second offer, in 2008, to become county attorney because of the allegations contained in the ODC complaint.

Warren Perry said on Wednesday that the defamation lawsuit against his brother is still pending in state Circuit Court.

Darryl Perry said he has not had any out-of-pocket expenses up to this point in defending himself against the lawsuit brought by his brother.

He said he asked Allstate to pay for his defense as a preliminary step should his brother's lawsuit go to trial. He said he has not seen the legal papers filed by Allstate asking for a court ruling that the company should not be made to pay to defend him.

"This is the first I heard of it," Darryl Perry said. "I don't know why they couldn't just call me and say they don't think they should pay."

Honolulu attorney Richard Miller, who represents Allstate Insurance Co., did not respond to a request to comment.