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WILLIS v. SWAIN

No. SCWC-29539.

304 P.3d 619 (2013)

129 Haw. 478

Shilo WILLIS, Petitioner/Plaintiff-Appellant, v. Craig SWAIN, First Insurance Company of Hawai`i, Ltd., Respondents/Defendants-Appellees.

Supreme Court of Hawai`i.

Reconsideration Denied June 27, 2013.

Attorney(s) appearing for the Case

Fernando L. Cosio, for petitioner.

Bradford F.K. Bliss, Honolulu, for respondent.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, and McKENNA, JJ., with Circuit Judge CHANG, Assigned due to Vacancy, Concurring and Dissenting.

Opinion of the Court by ACOBA, J.

We hold that (1) under the assigned claims procedure of the State of Hawai`i Insurance Joint Underwriting Program (JUP), see Hawai`i Revised Statutes (HRS) § 431:10C-408 (Supp.1998), the insurer assigned to a claim owes the same rights and obligations to the person whose claim is assigned to it as the insurer would owe to an insured to whom the insurer had issued a motor vehicle mandatory public liability and property...

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