Claim of Bragg v. State Farm Mutual Automobile Insurance Co.

916 P.2d 1203, 81 Haw. 302
CourtHawaii Supreme Court
DecidedMay 8, 1996
Docket17937
StatusPublished
Cited by56 cases

This text of 916 P.2d 1203 (Claim of Bragg v. State Farm Mutual Automobile Insurance Co.) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Claim of Bragg v. State Farm Mutual Automobile Insurance Co., 916 P.2d 1203, 81 Haw. 302 (haw 1996).

Opinion

*303 MOON, Chief Justice.

In this insurance case, stemming from a collision between an automobile and a motorcycle, claimant-appellant/appellant Laural Bragg appeals the First Circuit Court’s affir-mance of respondent-appellee/appellee insurance commissioner Wayne C. Metcalfs (the commissioner) final order. The commissioner, ruling in favor of respondent-appellee/ap-pellee State Farm Mutual Automobile Insurance Co. (State Farm), held that, pursuant to Hawai'i Revised Statutes (HRS) chapters 431:10C and 431:10G, Bragg was not entitled to collect no-fault benefits from an automobile insurance policy issued by State Farm, which was applicable to the ear that hit the motorcycle on which Bragg was a passenger, causing her injuries. On appeal, Bragg contends that the circuit court erred in affirming the commissioner’s final order.

For the following reasons, we vacate the circuit court’s affirmance of the commissioner’s final order and remand with instructions that the commissioner enter an order holding that Bragg is entitled to receive no-fault benefits from the State Farm policy.

I. BACKGROUND

On February 28, 1991, Bragg was a passenger on a motorcycle owned and operated by Mollie Anne Boyer. At the intersection of North King and River Streets, the motorcycle was involved in a collision with an automobile driven by Vicente Caballes. Bragg suffered injuries as a result of the accident and made a claim for no-fault benefits under Caballes’s policy. The express terms of the policy issued by State Farm covering Ca-balles’s vehicle provide that State Farm will pay benefits “in accordance with the No-Fault Act 2 for bodily injury.” Boyer’s motorcycle was uninsured, and there is no evidence in the record reflecting any insurance owned by Bragg.

On July 17, 1992, State Farm denied Bragg’s claim. Bragg thereafter requested a hearing with the State Department of Commerce and Consumer Affairs to challenge the denial, and the parties agreed to submit the matter to the hearings officer via stipulated facts and memoranda. On July 13, 1993, the hearings officer issued findings of fact, conclusions of law, and a recommended order, which provided in pertinent part:

The issue in the present case is whether a motorcycle passenger is entitled to receive no-fault benefits under the provisions of Hawaii Revised Statutes (HRS) Chapter 431:10C.
After reviewing the statutory authorities cited by the parties, the Hearings Officer concludes that the repeal of HRS § 294-12.6(a)(2),[ 3 ] via Act 287, Session Laws of *304 Hawaii (1987), specifically precluded motorcycle passengers from obtaining no-fault benefits under HRS Chapter 294.
Thereafter, the motorcycle passenger exemption that was contained in HRS § 294-12.6(a)(2), was not included in the recodification of the no-fault laws in HRS Chapter 431:10C.
As such, the Hearings Officer concludes that [State Farm] did not improperly deny no-fault benefits to [Bragg].
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For the reasons set forth above, the Hearings Officer would recommend that the Commissioner find and conclude that [State Farm] properly denied [Bragg] no-fault benefits.

The commissioner filed the final order on September 2, 1993, which provided in pertinent part:

Upon review of the entire record of these proceedings, including [Bragg’s] exceptions and [State Farm’s] response, the Commissioner adopts the Hearings Officer’s proposed decision as the Commissioner’s final order.
Accordingly, the Commissioner finds and concludes that [Bragg], as the passenger on an uninsured motorcycle, was not entitled to receive no-fault benefits from [State Farm].

On September 23, 1993, Bragg appealed the commissioner’s final order to the First Circuit Court, pursuant to HRS § 91-14 (1993) 4 and Hawaii Rules of Civil Procedure (HRCP) Rule 72. 5 On March 7, 1994, the circuit court entered an order affirming the commissioner’s final order. This timely appeal followed.

II. STANDARD OF REVIEW

Review of a decision made by the circuit court upon its review of an agency’s decision is a secondary appeal. The standard of review is one in which this court must determine whether the circuit court was right or wrong in its decision, applying the standards set forth in HRS § 91-14(g) to the agency’s decision. This court’s review is further qualified by the principle that the agency’s decision carries a presumption of validity and appellant has the heavy burden of making a convincing showing that the decision is invalid because it is unjust and unreasonable in its consequences.

University of Hawai‘i Professional Assembly v. Tomasu, 79 Hawai'i 154, 157, 900 P.2d 161, 164 (1995) (brackets and citations omitted).

HRS § 91-14(g) (1993) provides:

Upon review of the record the court may affirm the decision of the agency or remand the case with instructions for further proceedings; or it may reverse or modify the decision and order if the substantial rights of the petitioners may have been prejudiced because the administrative findings, conclusions, decisions, or orders are:
(1) In violation of constitutional or statutory provisions; or
(2) In excess of the statutory authority or jurisdiction of the this agency; or
(3) Made upon unlawful procedure; or
*305 (4) Affected by other error of law; or
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary, or capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

Under HRS § 91-14

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Bluebook (online)
916 P.2d 1203, 81 Haw. 302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-bragg-v-state-farm-mutual-automobile-insurance-co-haw-1996.