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KEE SUN KIM v. LIBERTY MUT. FIRE INS. CO.

No. 28315.

245 P.3d 488 (2010)

KEE SUN KIM, Claimant/Appellant-Appellee, Cross-Appellee, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, Respondent/Appellee-Appellant, Cross-Appellee, and J.P. Schmidt, Insurance Commissioner, Department of Commerce and Consumer Affairs, Appellee-Appellee, Cross-Appellant.

Intermediate Court of Appeals of Hawai`i.

As Corrected January 20, 2011.

Attorney(s) appearing for the Case

Melvin Y. Agena (Law Offices of Melvin Y. Agena) (Andrew A. Agard (The Andrew A. Agard Law Office) with him on the brief), for Claimant/Appellant-Appellee, Cross-Appellee.

James H. Monma (Randall Y.S. Chung with him on the brief) (Matsui Chung), for Respondent/Appellee-Appellant, Cross-Appellee.

David A. Webber (Deborah Day Emerson with him on the brief), Deputies Attorney General, for Appellee-Appellee/Cross-Appellant.

NAKAMURA, Chief Judge, FOLEY, and FUJISE, JJ.

Opinion of the Court by NAKAMURA, C.J.

Kee Sun Kim (Kim) was injured in a motor vehicle accident in which her vehicle was rear-ended by another vehicle. At the time of the accident, Kim's vehicle was insured by Liberty Mutual Fire Insurance Company (Liberty Mutual). Liberty Mutual paid for medical treatments incurred by Kim during the first three and a half months following the accident, including acupuncture treatments. Liberty Mutual then refused to pay a claim...

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