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AIG HAWAII INS. CO., INC. v. RUTLEDGE

No. 20036.

955 P.2d 1069 (1998)

87 Hawai`i 337

AIG HAWAII INSURANCE COMPANY, INC., Plaintiff-Appellant, v. Ruth RUTLEDGE and Jonathan Rutledge, Defendants-Appellees.

Intermediate Court of Appeals of Hawai`i.

March 31, 1998.

Attorney(s) appearing for the Case

Carleton B. Reid and Kathy M. Sarria, Reid, Richards & Miyagi, on the briefs, Honolulu, for plaintiff-appellant.

Paul A. L'Ecuyer, on the brief, for defendants-appellees.

Before BURNS, C.J., and WATANABE and ACOBA, JJ.

ACOBA, Judge.

We hold that when an insured motorist, who has received uninsured motorist (UM) benefits from his or her insurer as a result of a motor vehicle accident with an uninsured motorist, obtains a tort recovery from the uninsured motorist or a party jointly liable which fully compensates the insured for damages sustained in the accident, the insurer may enforce a policy provision requiring the insured motorist to reimburse the insurer for UM benefits paid...

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