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MIZOGUCHI v. STATE FARM MUT. AUTO. INS. CO.

No. 7926.

663 P.2d 1071 (1983)

Miharu H. MIZOGUCHI, Personal Representative of the Estate of Tsutomu Mizoguchi, aka Tom Tsutomu Mizoguchi, deceased, Plaintiff-Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant.

Supreme Court of Hawaii.

May 5, 1983.

Attorney(s) appearing for the Case

Ronald Y.K. Leong, Honolulu (James Kawashima, Honolulu, with him on the briefs; Kobayashi, Watanabe, Sugita & Kawashima, Honolulu, of counsel), for defendant-appellant.

Meyer M. Ueoka, Wailuku (Antonio V. Ramil, Wailuku, with him on the brief; Ueoka & Luna, Wailuku, of counsel), for plaintiff-appellee.

Before LUM, C.J., PADGETT and HAYASHI, JJ., and CHANG, Circuit Judge, assigned by reason of vacancy, and HUDDY, Circuit Judge, in place of NAKAMURA, J., disqualified.

LUM, Chief Judge.

The primary issue in this declaratory judgment action is whether no-fault benefits payable under an additional no-fault coverage endorsement may exceed the aggregate limits established for basic no-fault benefits, in cases where accidental harm has resulted in death. We find that under the terms of the policy at issue and the applicable statutory provisions, the decedent's surviving spouse and dependents are entitled to payment of survivors' loss...

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