Mendes v. Hawaii Insurance Guaranty Ass'n

NAKAYAMA, Justice.

Plaintiff-appellant Mary A. Mendes1 appeals from the circuit court’s dismissal of her complaint against Defendant-appellee Hawaii Insurance Guaranty Association (HIGA). Because the circuit court erred in granting HIGA’s motion to dismiss with respect to count I of Mendes’s complaint, we vacate the resulting judgment in part and remand for further proceedings. We affirm all other aspects of the circuit court’s judgment.

I. BACKGROUND

On August 21, 1990, Mendes was injured in an automobile accident. On December 18, 1992, Mendes settled with the responsible driver’s insurance…