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

No. 23219.

14 P.3d 1043 (2000)

94 Hawai'i 362

Sabino GEPAYA and Nenita Gepaya, Petitioners-Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., a foreign corporation, Respondent-Appellee.

Supreme Court of Hawaii.

December 20, 2000.

Attorney(s) appearing for the Case

Richard C. Monks, on the briefs, Honolulu, for petitioners-appellants.

Richard B. Miller, Honolulu, and David R. Harada-Stone (Tom & Petrus), on the briefs, for respondent-appellee.

LEVINSON, NAKAYAMA, RAMIL, and ACOBA, JJ.; and MOON, C.J., Dissenting.

Opinion of the Court by ACOBA, J.

We hold that the Circuit Court of the First Circuit (the court) committed plain error in a Hawai`i Revised Statutes (HRS) § 658-8 proceeding to confirm an arbitration award when it determined a legal question not decided by the arbitrators and modified the arbitration award accordingly. Unless the award was subject to review under the statutory grounds set forth in HRS § 658-9, or § 658-10, or either one of the two...

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