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  5. 752 P.2d 1073 (1988)
 

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

No. 12292.

752 P.2d 1073 (1988)

Walter ZATOR, next friend of Alan Ronald Zator, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Defendant-Appellee. Walter ZATOR, next friend of Alan Ronald Zator, Plaintiff-Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Defendant-Appellant.

Supreme Court of Hawaii.

April 4, 1988.

Attorney(s) appearing for the Case

Dennis K. Ferm (Ian L. Mattoch, with him on the brief), Honolulu, for Walter Zator.

Kevin P.H. Sumida (Clyde Wm. Matsui, Randall Y.S. Chung, and Gary W.B. Chang, with him on the brief), Honolulu, for State Farm Mut. Auto. Ins. Co.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.

LUM, Chief Justice.

I.

The Court of Appeals for the Ninth Circuit has certified two questions of law to this court based upon the following set of facts:

On November 14, 1979, Alan Zator ("Zator") was struck by a car while he was walking across a highway, and was rendered mentally incompetent as a result. Zator's attorney and State Farm Insurance Co. (the insurer of the alleged driver) exchanged letters establishing that Zator's personal injury claims...

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