State Farm Mutual Auto Insurance Co. v. Murata

965 P.2d 1284, 88 Haw. 284, 1998 Haw. LEXIS 415
CourtHawaii Supreme Court
DecidedOctober 29, 1998
Docket20410
StatusPublished
Cited by25 cases

This text of 965 P.2d 1284 (State Farm Mutual Auto Insurance Co. v. Murata) 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
State Farm Mutual Auto Insurance Co. v. Murata, 965 P.2d 1284, 88 Haw. 284, 1998 Haw. LEXIS 415 (haw 1998).

Opinion

LEVINSON, J.

The defendant-appellant Jane Murata (formerly known as Jane Oishi) appeals from the final judgment of the first circuit court, filed on February 20, 1997 and entered in *285 favor of the plaintiff-appellee State Farm Mutual Automobile Insurance Company (State Farm) and against Murata, further to the circuit court’s order granting State Farm’s motion for summary judgment, filed on December 17, 1996, on State Farm’s complaint for a judgment declaring that the statute of limitations, as set forth in Hawai'i Revised Statutes (HRS) § 294-36 (1985), 1 governing Murata’s claim for uninsured motorist (UM) insurance coverage, had expired. Murata urges on appeal that the circuit court erred because: (1) the record contained a genuine issue of material fact as to whether she had effectively lodged a timely claim for UM benefits by supplying State Farm with all the information requisite to a claim for UM benefits; (2) State Farm failed to “raise[ ] a statute of limitations defense” until well after it “formally opened a claim file” on Murata’s UM claim; and (3) Murata kept State Farm apprised of her ongoing efforts to discover the identity of the third party tortfeasor responsible for her injuries. We agree with Murata’s first point of error—that she had successfully raised a genuine issue of material fact as to whether, by her conduct, she had lodged a “claim” with State Farm for UM benefits that tolled the statute of limitations. Accordingly, we vacate that portion of the circuit court’s order and judgment granting State Farm the declaratory relief for which it prayed in its complaint and remand the matter to the circuit court for further proceedings consistent with this opinion. In all other respects, we affirm the circuit court’s order and judgment. 2

I. BACKGROUND

On July 31, 1987, Murata was involved in an automobile accident with a van, apparently owned by Hawaiian Holiday Macadamia Nut Company (Hawaiian Holiday), at the intersection of Vineyard Boulevard and the Pali Highway, located in the City and County of Honolulu. 3 At the time of the accident, Murata was the named insured under an automobile insurance policy issued by State Farm (hereinafter, “the policy”]. The policy afforded Murata, inter alia, no-fault and UM insurance coverage, and, in this regard, provided in relevant part:

REPORTING A CLAIM—INSURED’S DUTIES
1. Notice to Us of an Accident or Loss. The insured must give us or one of our agents written notice of the accident or loss as soon as reasonably possible. The notice must give us:
a. your name; and
b. the names and addresses of all persons involvedand
c. the hour, date, place and facts of the accident or loss; and
d. the names and addresses of witnesses.
2. Notice to us of Claim or Suit.
If a claim or suit is made against an insured, that insured must at once send *286 us every demand, notice or claim made and every summons or legal process received.
3. Other Duties Under the Physical Damage Coverages.
When there is a loss, you or the owner of the property also shall:
a. make a prompt report to the police when the loss is the result of theft or larceny.
b. protect the damaged vehicle. We will pay any reasonable expense incurred to do it.
c. show us the damage, when we ask.
d. provide all records, receipts and invoices, or certified copies of them. We may make copies.
e. answer questions under oath when asked by anyone we name, as often as we reasonably ask, and sign copies of the answers.
4. Other Duties Under No-Fault, Uninsured Motor Vehicle, Death, Dismemberment and Loss of Sight Coverages.
The person making [a] claim also shall:
a. give us all the details about the death, injury, treatment and other information we need to determine the amount payable.
b. be examined by physicians chosen and paid by us as often as we reasonably may require. A copy of the report will be sent to the person upon written request. If the person is dead or unable to act, his or her legal representative shall authorize us to obtain all medical reports and records.
c. under the uninsured motor vehicle coverage:
(1) report a “hit-and-run” accident to the police within hours and to us within SO days.
(2) let us see the insured car the person occupied in the accident.
d. under the no-fault and uninsured motor vehicle coverages send us at once a copy of all suit papers if the party liable for the accident is sued for damages.

(Bold face and italicized emphases in original and underscored emphases added.)

On August 10, 1987, Murata submitted a form to State Farm, captioned “Application for Benefits,” in connection with the accident. The form, which bore State Farm’s logo, requested, inter alia, (1) the applicant’s name, date of birth, social security number, and address, (2) a “brief description of [the] accident and [the] vehicles involved,” (3) the fact and description of any injury sustained, (4) the name and address of any treating physician, and (5) the amount of any wages lost to date as a result of the accident. Mu-rata responded to all of the relevant queries. Although the form did not precisely identify the insurance “benefits” to which it pertained, it did advise, as a general matter, that “the information provided will enable us lie., State Farm,] to determine if you are entitled to benefits under the policyholder’s insurance contract ” (emphases added).

State Farm made several no-fault. payments to Murata in connection with the accident, the last of which was effected on February 15, 1989. Additionally, State Farm contacted Hawaiian Holiday’s insurance carrier, Fireman’s Fund Insurance Company (Fireman’s Fund), in order to assert its right of subrogation regarding any recovery that Murata might obtain, to the extent of the total no-fault payments that it made to Mura-ta.

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Bluebook (online)
965 P.2d 1284, 88 Haw. 284, 1998 Haw. LEXIS 415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-auto-insurance-co-v-murata-haw-1998.