State Farm Mutual Automobile Insurance v. Royston

OPINION OF THE COURT BY

MOON, J.

The United States District Court for the District of Hawaii, pursuant to Rule 13 of the Hawaii Rules of Appellate Procedure, 1 certified the following question to this court:

Whether Haw. Rev. Stat. [(HRS)] § 431-448(a) (1985) [Hawaii’s uninsured motorist statute] permits a government employee to recover uninsured motorist benefits for work related injuries, where that employee is statutorily barred by the Federal Employees’ Compensation Act, 5 U.S.C. § 8101 et seq., from prosecuting a tort action against the uninsured tortfeasor?

As a condition precedent to…