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NATIONAL UNION FIRE INS. v. FERREIRA

No. 14059.

790 P.2d 910 (1990)

NATIONAL UNION FIRE INSURANCE COMPANY, Plaintiff-Appellant, v. Dorothea FERREIRA, Defendant-Appellee.

Supreme Court of Hawaii.

May 1, 1990.

Attorney(s) appearing for the Case

Carleton B. Reid (J. Thomas Weber with him on the briefs, Davis, Reid & Richards, of counsel), Honolulu, for plaintiff-appellant.

Benjamin L. Carroll, III (Magali V. Richter and Tharrington T. Trusdell with him on the brief, McKenzie, Trecker & Fritz, of counsel), Honolulu, for defendant-appellee.

Before LUM, C.J., HAYASHI, WAKATSUKI and MOON, JJ., and TANAKA, Intermediate Court of Appeals Associate Judge, in place of PADGETT, J., recused.

HAYASHI, Justice.

This opinion addresses a certified question from the United States District Court for the District of Hawaii on the subject of underinsured motorist benefits. At issue is the proper interpretation and application of former HRS § 431-448.

I.

FACTUAL BACKGROUND

The relevant facts are not in dispute.

On May 16, 1986, Defendant-Appellee Dorothea Ferreira (Ferreira) was a passenger in her insured motor vehicle...

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