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

No. 19757.

952 P.2d 893 (1998)

87 Hawai`i 136

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff-Appellee, v. Machelle DACANAY and Lourdes Flores, Defendants-Appellants.

Intermediate Court of Appeals of Hawai`i.

February 27, 1998.

Attorney(s) appearing for the Case

Kenneth T. Okamoto and Lawrence R. Cohen, Price Okamoto, Himeno & Lum, on the briefs, Honolulu, for defendants-appellants.

Randall Y.S. Chung and Thomas Tsuchiyama, Matsui Chung Sumida & Chang, on the brief, Honolulu, for plaintiff-appellee.

Before WATANABE and ACOBA, JJ., and DEL ROSARIO, Circuit Judge, in place of BURNS, C.J., recused.

ACOBA, Judge.

We hold that for purposes of determining the amount to be paid to an insured on an insurance policy claim for underinsured motorist benefits, a "general damages only" settlement between the underinsured motorist and/or that motorist's insurance company on the one hand, and the insured on the other, does not conclusively establish, as a matter of law, the value of the general damages, but is evidence of the general damages suffered by the insured.

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