CHUNG MI AHN, Respondent/Claimant/Appellant/Appellee-Appellee,
v.
LIBERTY MUTUAL FIRE INSURANCE COMPANY, Petitioner/Respondent/Appellee/Appellant-Cross-Appellee, and
Gordon I. Ito, Insurance Commissioner, Department of Commerce and Consumer Affairs, Respondent/Appellee/Appellee-Cross-Appellant.
Kee Sun Kim, Respondent/Claimant/Appellant/Appellee-Appellee,
v.
Liberty Mutual Fire Insurance Company, Petitioner/Respondent/Appellee/Appellant-Cross-Appellee, and
Gordon I. Ito, Insurance Commissioner, Department of Commerce and Consumer Affairs, Respondent/Appellee/Appellee-Cross-Appellant.
Supreme Court of Hawai`i.https://leagle.com/images/logo.png
October 4, 2011.
October 4, 2011.
Attorney(s) appearing for the Case
James H. Monma of Matsui, Chung & Ikehara (Randall Y.S. Chung of Matsui, Chung & Ikehara with him on the briefs), for Petitioner/Respondent/Appellee/Appellant-Cross-Appellee Liberty Mutual Fire Insurance Company.
Melvin Y. Agena of The Law Offices of Melvin Y. Agena (Andrew A. Agard of The Andrew A. Agard Law Office with him on the briefs) for Chung Mi Ahn and Kee Sun Kim Respondents/Claimants/Appellants/Appellees-Appellees.
Elmira K.L. Tsang, Deputy Attorney General, State of Hawai`i (David A. Webber and Deborah Day Emerson, Deputy Attorneys General, State of Hawai`i, on the briefs) for Respondent/Respondent/Appellee/Appellee-Cross Appellant Insurance Commissioner of the Department of Commerce and Consumer Affairs.
NAKAYAMA, Acting C.J., ACOBA, DUFFY, and McKENNA, JJ., and Circuit Judge CHANG, in place of RECKTENWALD, C.J., Recused.
Supreme Court of Hawai`i.
Opinion of the Court by McKENNA, J.
I. SUMMARY
In Wilson v. AIG Hawaii Ins. Co.,89 Haw. 45, 50-51, 968 P.2d 647, 652-53 (1998), we held that unless an insurer's non-payment of personal injury protection (PIP) benefits2 jeopardizes an insured's ability to reach the minimum amount of medical expenses required to...
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