Legal Opinion

Asuncion v. Allstate Insurance

District Court, D. Hawaii

Decided July 5, 1991No. Civ. No. 90-00447 ACKPublishedCited by 2 opinions

1Opinion of the Court

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

KAY, District Judge.

I. Introduction

This matter came on for hearing on Plaintiff’s and Defendant’s respective mo*1433tions for summary judgment. Similar motions came before the court in November 1990, presenting an issue regarding the application of Hawaii No-Fault Insurance law. Because the Hawaii state law on this issue — the issue of what constitutes injury “arising out of the operation” or use of a motor vehicle — was somewhat unclear at the time, and because Merrill v. Hawaiian Insurance…

2Cases cited5 opinions

  1. State Farm Mutual Automobile Insurance Co. v. Sheldon B. Fernandez, and Marlene J. MiraCourt of Appeals for the Ninth Circuit · 1985
  2. Ganiron v. Hawaii Insurance GuarantyHawaii Supreme Court · 1987
  3. Henkin v. Northrop Corp.Court of Appeals for the Ninth Circuit · 1990
  4. Allstate Ins. Co. v. FamiglettiDistrict Court of Appeal of Florida · 1984
  5. State Farm Mutual Automobile, Insurance v. FernandezDistrict Court, D. Hawaii · 1983

3Cited by2 opinions

  1. Rosito Asuncion, as Special Administrator of the Estate of Edilberto Asuncion v. Allstate Insurance Company, an Illinois CompanyCourt of Appeals for the Ninth Circuit · 1992
  2. State Farm Mutual Automobile Insurance Co. v. CageDistrict Court, D. Hawaii · 1994

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