In re the Appointment of an Arbitrator for the Dispute Between Wiegand & Allstate Insurance Companies

68 Haw. 117
CourtHawaii Supreme Court
DecidedAugust 23, 1985
DocketNO. 10051; S.P. NO. 6427; NO. 10054; S.P. NO. 6425; NO. 9807; S.P NO. 6198
StatusPublished
Cited by13 cases

This text of 68 Haw. 117 (In re the Appointment of an Arbitrator for the Dispute Between Wiegand & Allstate Insurance Companies) 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
In re the Appointment of an Arbitrator for the Dispute Between Wiegand & Allstate Insurance Companies, 68 Haw. 117 (haw 1985).

Opinion

[118]*118OPINION OF THE COURT BY

WAKATSUKI, J.

The three cases were consolidated for purposes of oral argument. The respective insurance company in each case denied payment of certain no-fault benefits claimed by the appellants. The appellants then demanded arbitration by petitioning the circuit court to appoint arbitrators. In each case, a demand for arbitration was made more than two years after the last no-fault payment was made, but before six years from the date of the last payment of no-fault benefits. The circuit court denied the petitions on grounds that the two-year statute of limitation provision in the Hawaii Revised Statutes (HRS) § 294-36(a)1 is applicable to demands for arbitration to settle the disputed claims for no-fault benefits. We affirm.

I.

In case no. 9807, Robinson v. State Farm, Willie Robinson sus[119]*119tained fatal injuries as a passenger in a motor vehicle accident on October 1, 1977. The last no-fault payment made by State Farm for this accident was on August 30, 1978. In June, 1983, Robinson’s estate applied for survivor and lost income benefits, which were denied by State Farm. A month later, appellants filed for appointment of an arbitrator.

In case no. 10051, In re Wiegand, Appellant Wiegand’s daughter was killed on September 6,1979 when struck by a motor vehicle driven by an insured under a no-fault automobile insurance policy issued by Allstate. Allstate paid all medical and funeral costs, the last payment having been made on April 24, 1980. Wiegand, on February 17, 1984, made a demand on Allstate for future earnings to be paid to his deceased daughter’s estate. The demand was refused, and in March, petition was made for the appointment of an arbitrator.

In the Morris case, no. 10054, Morris was injured in a motor vehicle collision on May 17, 1978. Several medical payments were made by the insurer, Hawaiian Insurance and Guaranty (HIG), the last of which was made on August 21, 1980. In January, 1984, Morris submitted further medical bills to HIG, which refused to pay them. On March 9, 1984, Morris petitioned the circuit court for appointment of an arbitrator.

All three cases involve a demand for arbitration made more than two years after the last no-fault payment was made, but less than six years from that date.

II.

Appellants contend that the arbitration clause in the no-fault policy is contractual in nature and therefore, the six year statute of limitations period provided in HRS § 657-1 is applicable and not the two-year statute of limitations period provided in HRS § 294-36. Appellants argue that the word “suit” should be narrowly construed to mean only judicial proceedings, and that arbitration is not a judicial proceeding, therefore, the word “suit” in HRS § 294-36 should not be construed to include arbitration. We disagree.

Under HRS § 294-322, whenever a claimant or insurer requests an [120]*120arbitration to settle a dispute, either party submits a written request for arbitration and appointment of an arbitrator with the clerk of the circuit court in the circuit where the accident occurred. The administrative judge shall then appoint an arbitrator. HRS § 294-32 further provides that an appeal may be taken from any judgment to the circuit court. Clearly, under HRS § 294-32 the arbitration process to settle disputed claims must be initiated in a judicial proceeding and an appeal of an arbitrator’s judgment may be taken to the circuit court in a judicial proceeding. Appellants’ contention that this arbitration process outlined in our no-fault law is not a “judicial proceeding” within the meaning of the word “suit” as used in HRS § 294-36 defies a logical, reasonable and rational construction of the word “suit.”

III.

Where the language of the statute is ambiguous, the court’s primary objective is to ascertain and give effect to legislative intention. Puchert v. Agsalud, 67 Haw. 26, _, 677 P.2d 449, 456 (1984).

Appellants would limit the definition of the word “suit” to judicial proceedings. Appellees would construe “suit” to include arbitration proceedings as well as judicial proceedings. Both have found support in cases from other jurisdictions interpreting other statutes or contracts. Compare, e.g., Har-Mar, Inc. v. Thorsen & Thorshov, Inc., 300 Minn. 149, 218 N.W.2d 751 (1974), and Son Shipping Co. v. DeFosse & Tanghe, 199 F.2d 687 (2d Cir. 1952), with Madawick Contracting Co. v. Travelers Insurance Co., 202 Misc. 411, 114 N.Y.S.2d. 300 (N.Y. Sup. Ct. 1972), and Old Dutch Farms, Inc. v. Milk Drivers & Dairy-Employees Union, 222 F Supp. 125 (E.D.N.Y. 1963).

The word “suit” in HRS § 294-36 may be susceptible to more than one interpretation. Therefore, we will look to the intent of the legislation in construing “suit.”

[121]*121A.

A primary objective of the Hawaii No-Fault Law is to “expedite the settling of all claims.” House Joint Stand. Comm. Rep. No. 187, reprinted in 1973 House Journal at 836. See also Sen. Conf. Comm. Rep. No. 4, reprinted in 1973 Senate Journal at 635; House Conf. Comm. Rep. No. 13, reprinted in 1973 House Journal at 1219. See generally Legislative Auditor, A Study of Hawaii’s Motor Vehicle Insurance Program (1972) (hereinafter, Auditor’s Report).

Prompt settlement of claims would provide reparations for injuries sustained in motor vehicle accidents when most needed. Auditor’s Report at 35-47; O’Connell, The Injury Industry and the Remedy of No-Fault Insurance 15-27 (1971) (hereinafter, O'Connell). The lack of necessity of determining who is at fault in a motor vehicle accident with its concomitant delay also should mean that more of the premium dollar will be spent on direct benefits to the injured. Thus, the theory is that the cost of automobile insurance would be lowered. Auditor’s Report at 31-47; O’Connell 106-121.

The no-fault law has been analogized to the workers’ compensation law. Joshua v. MTL, 65 Haw. 623, 631, 656 P.2d 736, 741 (1982).

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