Willis v. Swain

Opinion of the Court by

ACOBA, J.

We hold that (1) under the assigned claims procedure of the State of Hawai'i Insurance Joint Underwriting Program (JUP), see Hawai'i Revised Statutes (HRS) § 431:100-408 (Supp.1998), the insurer assigned to a claim owes the same rights and obligations to the person whose claim is assigned to it as the insurer would owe to an insured to whom the insurer had issued a motor vehicle mandatory public liability and property insurance policy, HRS § 431:10C-403 (Supp.1998); (2) the insurer’s good faith covenant implied in such motor vehicle policies applies to…