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GILLAN v. GOVERNMENT EMPLOYEES INS. CO.

No. 28075.

194 P.3d 1071 (2008)

Margret GILLAN and Howard Keller, M.D., Plaintiffs-Appellees-Petitioners, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Defendant-Appellant-Respondent, and John Does 1-10; Jane Does 1-10; Doe Corporations 1-10; Doe Partnerships 1-10; Roe Non-Profit Corporations 1-10; and Roe Governmental Entities 1-10, Defendants.

Supreme Court of Hawai`i.

October 29, 2008.

Attorney(s) appearing for the Case

Roy K.S. Chang, Honolulu (Harvey M. Demetrakopoulos on the briefs), for the plaintiffs-appellees-petitioners Margret Gillan and Howard Keller, M.D.

Kathy K. Higham, Honolulu, for the defendant-appellant-petitioner Government Employees Insurance Company.

J.P. Schmidt, Insurance Commissioner (Mark J. Bennett, Attorney General, David A. Webber, Deputy Attorney General (DAG), and Deborah Day Emerson, DAG, on the briefs), for the amicus curiae State of Hawai`i.

Katharine M. Nohr, Honolulu, on the briefs, for the amicus curiae Hawaii Insurers Council.

MOON, C.J., LEVINSON, NAKAYAMA, JJ., Circuit Judge LEE, in Place of DUFFY, J., Recused; and ACOBA, J., Concurring Separately.

Opinion of the Court by LEVINSON, J.

We accepted the application for a writ of certiorari filed by the plaintiffs-appellees-petitioners, a personal injury protection (PIP) claimant, Margret Gillan, and her treating physician, Howard Keller, M.D. (collectively, the Plaintiffs), on June 23, 2008 to review the published opinion of the Intermediate Court of Appeals (ICA) in Gillan v. Government Employees Insurance Co.,

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