First Insurance Co. of Hawaii v. a & B Properties, Inc.

Opinion of the Court by

RECKTENWALD, C.J.

Joseph G. Toro, an employee of Diversified Machinery, Inc., was allegedly involved in a work related accident on property owned by A&B Properties, Inc. First Insurance Company of Hawaii was Diversified’s insurance carrier. While paying Toro’s workers’ compensation benefits, First Insurance timely-filed suit in the Circuit Court of the Second Circuit within the two year limitations period set forth in Hawai'i Revised Statutes (HRS) § 657-7, asserting its right of subrogation under Hawaii’s workers’ compensation law. Toro did not file his own lawsuit…