Summary
The Supreme Court of Hawaii held that Hawaii law required an insurer to offer death benefits coverage for death arising out of any motor vehicle accident, including an accident involving a motorcycle and another motor vehicle. The court concluded that the policy exclusion for bodily injury to the operator of a motorcycle could not restrict the statutorily required coverage. It vacated the circuit court's summary judgment for State Farm and remanded with instructions to grant the plaintiffs' cross-motion for summary judgment on the applicability of death benefits coverage.
Holdings
- HRS § 431:10C-302(a)(5) required State Farm to offer death-benefits coverage for death arising out of any motor vehicle accident, including a collision between a motor vehicle and a motorcycle.
- The circuit court erred by granting summary judgment to State Farm and should have granted plaintiffs' cross-motion for summary judgment as to the applicability of death-benefits coverage.
Questions Presented
- Whether Hawai'i Revised Statutes § 431:10C-302(a)(5) required State Farm to make death-benefits coverage available for a death arising from a collision involving both a motor vehicle and a motorcycle.
- Whether the policy exclusion for bodily injury to the operator of a motorcycle or motor scooter could defeat the plaintiffs' entitlement to death-benefits coverage under the statute.
- Whether summary judgment should be entered for the plaintiffs rather than State Farm.
Disposition
reversed_and_remanded
Cases Cited (6)
- Hawaii Community Federal Credit Union v. Keka, 94 Hawai'i 213, 221, 11 P.3d 1, 9 (2000)(followed)
- Coon v. City & County of Honolulu, 98 Hawai'i 233, 244-45, 47 P.3d 348, 359-60 (2002)(followed)
- State v. Pacheco, 96 Hawai'i 83, 94-95, 26 P.3d 572, 583-84 (2001)(followed)
- State v. Richie, 88 Hawai'i 19, 30, 960 P.2d 1227, 1238 (1998)(followed)
- Alvarez v. Liberty House, Inc., 85 Hawai'i 275, 278, 942 P.2d 539, 542 (1997)(followed)
- Dairy Road Partners v. Island Insurance Co., Ltd., 92 Hawai'i 398, 411, 992 P.2d 93, 106 (2000)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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