Legal Opinion

Yukumoto v. Tawarahara.

Hawaii Supreme Court

Decided May 26, 2017No. SCAP-15-0000460PublishedCited by 2 opinions

1Opinion of the Court

OPINION OP THE COURT BY

RECKTENWALD, C.J.

This case presents an issue of first impression: whether health insurers have subrogation rights against third-party tort-feasors who cause injury to their insureds. For the following reasons, we conclude that a health insurer does not have a broad, unrestricted right of subrogation, but rather is limited to reimbursement rights established by statute.

I. Background

A. The Accident

This case arises from an accident that occurred on March 20, 2014, when Gregory Yukumoto was driving his moped in Honolulu. Ruth Tawarahara, who was driving an SUV, attempted to…

2Cases cited12 opinions

  1. State v. WheelerHawaii Supreme Court · 2009
  2. State v. ValdiviaHawaii Supreme Court · 2001
  3. State Farm Fire & Casualty Co. v. Pacific Rent-All, Inc.Hawaii Supreme Court · 1999
  4. Kamaka v. Goodsill Anderson Quinn & StifelHawaii Supreme Court · 2008
  5. Cunningham v. Metropolitan Life InsuranceWisconsin Supreme Court · 1985

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3Cited by2 opinions

  1. Randy Rudel v. Hawaii Management AllianceCourt of Appeals for the Ninth Circuit · 2019
  2. Hawaiian Dredging Construction Company, Inc. v. Fujikawa Associates, Inc.Hawaii Supreme Court · 2018

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