Rana v. Bishop Insurance of Hawaii, Inc., NO. 10097; CIVIL NO. 78040

NO. 10097; CIVIL NO. 78040 | Haw. | Dec 5, 1985

OPINION OF THE COURT BY

WAKATSUKI, J.

The question before the court, upon a petition for writ of certiorari, is whether the Hawaii No-Fault Law, Hawaii Revised Statutes (HRS) Chapter 294, as amended, precludes the stacking of basic no-fault insurance coverages where the injured named insured has a single insurance policy covering several vehicles.

The Intermediate Court of Appeals, upon reviewing legislative history, held that HRS §§ 294-2(10)¹ and -3(c)² preclude the stacking of basic no-fault insurance policies and coverages.

We adopt and affirm the reasoning and decision of the Intermediate Court of Appeals.

1 § 294-2 Definitions. As used in this chapter:

(10) “No-fault benefits” with respect to any accidental harm shall be subject to an aggregate limit of $15,000 per person or his survivor and means[.]

2 § 294-3 Right to no-fault benefits. . . .

(c) “Maximum limit”. The total no-fault benefits payable per person or on his death to his survivor on account of accidental harm sustained by him in any one motor vehicle accident shall be $15,000, regardless of the number of motor vehicles involved or policies applicable.