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ENOKA v. AIG HAWAI`I INS. CO., INC.

No. 25291.

128 P.3d 850 (2006)

109 Hawai`i 537

Angie M. ENOKA, Plaintiff-Appellant/Cross-Appellee, v. AIG HAWAII INSURANCE COMPANY, INC., a Hawai`i corporation, Defendant-Appellee/Cross-Appellant, and John Does 1-10, Doe Partnerships, Corporations, And/Or Other Entities 1-10, Defendants.

Supreme Court of Hawai`i.

As Corrected February 28, 2006.

Attorney(s) appearing for the Case

Melvin Y. Agena, on the briefs, Honolulu, for plaintiff-appellant/cross-appellee Angie M. Enoka.

Jonathan H. Steiner and R. John Seibert (of McCorriston Miller Mukai MacKinnon), on the briefs, Honolulu, for defendant-appellee/cross-appellant AIG Hawai`i Ins. Co.

MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, and DUFFY, JJ.

Opinion of the Court by MOON, C.J.

The instant appeal and cross-appeal arise out of an apparent one-car accident in which plaintiff-appellant/cross-appellee Angie M. Enoka either fell from, or was thrown out of, the bed of a pick-up truck owned by Kenneth J. Carvalho and being operated at the time by Elizabeth A. Ubay. Subsequent to the accident, Enoka filed a claim for no-fault benefits with several insurers, including defendant-appellee/cross-appellant AIG Hawai...

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