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PACIFIC INS. CO., LTD. v. ESPERANZA

No. 15417.

833 P.2d 890 (1992)

PACIFIC INSURANCE COMPANY, LTD., Plaintiff-Appellee, v. Ricardo D. ESPERANZA, Jr., Defendant-Appellant.

Supreme Court of Hawaii.

July 28, 1992.

Attorney(s) appearing for the Case

Erlinda Dominguez, Thomas J. Kaster and Thomas E. Walsh, on the briefs, Honolulu, for defendant-appellant.

Colleen K. Hirai and Diane Wong of Libkuman, Ventura, Ayabe, Chong & Nishimoto, on the briefs, Honolulu, for plaintiff-appellee.

Before WAKATSUKI, Acting C.J., MOON, KLEIN, LEVINSON, JJ., and BURNS, Chief Judge, Intermediate Court of Appeals, in place of LUM, C.J., Recused.

KLEIN, Justice.

In this case we address the issue of whether a temporary disability insurance (TDI) carrier is, as a matter of law, entitled to full reimbursement of TDI benefits from its insured's employee under its Hawaii Revised Statutes (HRS) § 392-46 subrogation and lien rights when the employee receives a "general damages only" settlement from the tortfeasor. We answer this question in the negative and hold that...

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