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MOSS v. AMERICAN INTERN. ADJUSTMENT CO.

No. 19232.

947 P.2d 371 (1997)

86 Hawai`i 59

Kathleen N. MOSS, Plaintiff-Appellee, v. AMERICAN INTERNATIONAL ADJUSTMENT COMPANY, INC., Defendant-Appellant.

Supreme Court of Hawai`i.

October 29, 1997.

Attorney(s) appearing for the Case

John T. Hassler (Carleton B. Reid, with him on the briefs, of Reid, Richards & Miyagi), Honolulu, for defendant-appellant.

Kelly K. Kotada and Frederick W. Rohlfing, III, on the briefs, Honolulu, for plaintiff-appellee.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.

RAMIL, Justice.

Defendant-Appellant American International Adjustment Co., Inc. (AIAC) appeals from the order denying its motion for the appointment of an arbitrator to decide a nofault dispute between AIAC and Plaintiff-Appellee, Kathleen N. Moss. Because (1) Hawai`i Revised Statutes (HRS) § 431:10C-213 (1993) does not provide independent authority to compel arbitration in the absence of a mandatory agreement to do so, (2) the

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