Ferreira v. TIG Insurance Company
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* * * NOT FO R PUBL ICATION * * * NO. 24558 IN THE SUPREME COURT OF THE STATE OF HAWAI#I MARIVIC FERREIRA, Plaintiff-Appellee vs. TIG INSURANCE COMPANY, Defendant-Appellant and JOHN DOES 1-10, JANE DOES 1-10, DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10, DOE NON-PROFIT ENTITIES 1-10 and DOE GOVERNMENTAL ENTITIES 1-10, Defendants-Appellees APPEAL FROM THE THIRD CIRCUIT COURT (CIV. NO. 01-1-0209) SUMMARY DISPOSITION ORDER (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy JJ.) Defendant-appellant TIG Insurance Company (TIG) appeals from the judgment of the Third Circuit Court, the Honorable Riki May Amano presiding, in favor of plaintiff-appellee Marivic Ferreira on all claims. Specifically, TIG appeals from (1) the September 7, 2001 judgment in favor of Ferreira, and (2) the August 27, 2001 order granting Ferreira s counter motion for summary judgment and denying TIG s motion for summary judgment. The sole issue on appeal is whether the covered loss deductible (CLD) provision of Hawai#i Revised Statutes (HRS) ยง 431:10C-301.5 (Supp. 1999) applies to the recovery of damages for bodily injury under the Uninsured Motorist (UM) coverage provision of Ferreira s motor vehicle insurance policy contract with TIG. In State Farm Mut. Auto. Ins. Co. v. Gepaya, 103 * * * NOT FO R PUBL ICATION * * * Hawai#i ___, 80 P.3d 321 (2003), we held that the CLD does so apply. Therefore, IT IS HEREBY ORDERED that: (1) the circuit court s September 7, 2001 judgment in favor of Ferreira and August 27, 2001 order granting Ferreira s counter motion for summary judgment and denying TIG s motion for summary judgment are vacated; and (2) the case is remanded to the circuit court for entry of judgment in favor of TIG. DATED: Honolulu, Hawai#i, January 26, 2004. On the briefs: Wesley H.H. Ching and Patricia Kehau Wall (of Fukunaga Matayoshi Hershey & Ching) for Defendant-Appellant TIG Insurance Company Ian L. Mattoch and Bruce A. Larson for Plaintiff-Appellee Marivic Ferreira Counsel of Record: Patricia Kehau Wall (of Tom Petrus & Miller, LLLC), current counsel of record, for Defendant-Appellant TIG Insurance Company 2
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