HAWAII MEDICAL SERVICE ASS'N v. ADAMS

No. 28899.

209 P.3d 1260 (2009)

HAWAII MEDICAL SERVICE ASSOCIATION, Respondent-Appellant-Appellant, v. Patricia E.G. ADAMS, in her capacity as Personal Representative of the Estate of Brent Adams, Petitioner-Appellee-Appellee, and The Insurance Commissioner, and the Division of Insurance, of the Department of Commerce and Consumer Affairs, State of Hawaii, Appellees-Appellees.

Intermediate Court of Appeals of Hawai`i.

As Amended May 22, 2009.


Attorney(s) appearing for the Case

Dianne Winter Brookins (Ellen Godbey Carson and Jason H. Kim with her on the briefs) (Alston Hunt Floyd & Ing), Honolulu, for Appellant Hawaii Medical Service Association.

Rafael G. Del Castillo (Arleen D. Jouxson with him on the brief) (Jouxson-Meyers & Del Castillo), Wahiawa, for Appellee Patricia E.G. Adams, in her capacity as Personal Representation of the Estate of Brent Adams.

David A. Webber, Deputy Attorney General (Deborah Day Emerson, Deputy Attorney General, with him on the brief), for Appellees The Insurance Commissioner and the Division of Insurance of the Department of Commerce and Consumer Affairs, State of Hawaii.

WATANABE, Acting Chief Judge, FOLEY and FUJISE, JJ.


Opinion of the Court by FOLEY, J.

Respondent-Appellant-Appellant Hawaii Medical Service Association (HMSA) appeals from the Judgment filed on November 13, 2007 in the Circuit Court of the First Circuit (circuit court).1 The circuit court affirmed the "Findings of Fact, Conclusions of Law, Discussion and Order" (Discussion and Order) filed on April 18, 2007 with the State of Hawai'i Department...

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