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Estate of Cabral v. AIG Hawaii Insurance Co.
Citations: 88 Haw. 344; 966 P.2d 1070Docket: No. 20683
Court: Hawaii Supreme Court; June 29, 1998; Hawaii; State Supreme Court
A writ of certiorari was issued to review the Intermediate Court of Appeals (ICA) decision in Estate of Cabral v. AIG Hawai'i Ins. Co., focusing on whether Hawaii Revised Statutes (HRS) 431:10C-304 and 431:10C-103(10) provide an insured with a survivors’ loss benefit equivalent to the aggregate no-fault benefits minus any no-fault benefits already paid. The circuit court had upheld the Insurance Commissioner's decision that increasing no-fault benefits from $15,000 to $50,000 did not alter the survivors’ loss benefits. However, the ICA vacated this order, stating that the claimant was entitled to $50,000 in survivors’ loss benefits minus previously paid benefits. The ICA also ruled that Hawaii Administrative Rules (HAR) 16-23-11 do not govern the amounts of survivors’ benefits, contrary to the respondent's assertion, and instead only regulate premium amounts. The court found that HAR 16-23-11 clearly outlines both the premiums insurers may charge and the benefits payable to insured individuals. The ICA correctly determined that no-fault survivors’ benefits are subject to an aggregate limit of either $15,000 or an expanded limit if the insured opted for additional coverage. Consequently, the court held that HAR 16-23-11 is void to the extent it conflicts with HRS 431:10C-103(10)(B) by limiting survivors’ benefits to $15,000 when expanded coverage is in place. The judgment of the ICA was affirmed in all other respects, including remanding the case for further action as instructed by the ICA.