Mizoguchi v. State Farm Mutual Automobile Insurance

OPINION OF THE COURT BY

LUM, C.J.

The primary issue in this declaratory judgment action is whether no-fault benefits payable under an additional no-fault coverage endorsement may exceed the aggregate limits established for basic no-fault benefits, in cases where accidental harm has resulted in death. We find that under the terms of the policy at issue and the applicable statutory provisions, the decedent’s surviving spouse and dependents are entitled to payment of survivors’ loss benefits and provable work loss benefits, up to the increased aggregate limits of the additional no-fault coverage.

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