Metcalf v. Voluntary Employees' Benefit Ass'n

Dissenting Opinion of

ACOBA, J.

I respectfully dissent in the present case, because I disagree with the majority’s rush to find a conflict between Hawaii Revised Statutes (HRS) chapter 431, the insurance code, and HRS chapter 432, pertaining to, inter alia, mutual benefit societies. It is our judicial responsibility to construe statutes enacted by our legislature so as to avoid conflict where possible. Here, the majority has *63determined that “there is an apparent conflict between HRS §§ 431:1-101 [ (1993) ] and 431:15-102 [ (1993) ].” Majority opinion at 59, 52 P.3d at 829.

In doing so, the…