National Union Fire Insurance v. Ferreira

OPINION OF THE COURT BY

HAYASHI, J.

This opinion addresses a certified question from the United States District Court for the District of Hawaii on the subject of underinsured motorist benefits. At issue is the proper intetpretation and application of former HRS § 431-448.

I

FACTUAL BACKGROUND

The relevant facts are not in dispute.

On May 16, 1986, Defendant-Appellee Dorothea Ferreira (Ferreira) was a passenger in her insured motor vehicle when it was rear-ended by an uninsured motorist. Ferreira sustained whiplash-type injuries as a result of this accident.

Plaintiff-Appellant National Union Fire…