IN RE CLAIM OF IAEA v. TIG INS., CO.

Full title: IN THE MATTER OF THE CLAIM OF CHRISTOPHER IAEA, Claimant-Appellant, v. TIG…

Court: Intermediate Court of Appeals of Hawaii

Date published: Dec 31, 2002

24429 (Haw. Ct. App. Dec. 31, 2002)

Opinion

24429

December 31, 2002.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (Civ. No. 00-1-2655)

On the briefs:

Christopher R. Evans for claimant-appellant.

Katharine M. Nohr (Miyagi, Nohr Myhre) for respondent-appellee TIG Insurance Company.

Deborah Day Emerson and David A. Webber, Deputy Attorneys General, State of Hawai`i for respondent-appellee Wayne C. Metcalf, III, Insurance Commissioner, Department of Commerce and Consumer Affairs, State of Hawai`i.

SUMMARY DISPOSITION ORDER

WATANABE, ACTING C.J., LIM, AND FOLEY, JJ.

Claimant-Appellant Christopher Iaea (Iaea) appeals from (1) the Decision and Order Affirming Commissioner's Final Order and (2) the Judgment, both entered on June 26, 2001 by the Circuit Court of the First Circuit (the circuit court), Judge Eden Elizabeth Hifo presiding, affirming a decision of Respondent-Appellee Wayne C. Metcalf, III, Insurance Commissioner, Department of Commerce and Consumer Affairs, State of Hawai`i that, in turn, upheld the denial by Respondent-Appellee TIG Insurance Company (TIG) of no-fault motor vehicle insurance benefits to Iaea.

The primary argument raised by Iaea on appeal is that the circuit court incorrectly concluded that he had the burden of proving, by a preponderance of the evidence, that TIG's denial of benefits to him that allegedly arose out of a May 18, 1997 motor vehicle accident was improper. In light of our decision in In re Hoffacker v. State Farm Mutual Auto Ins. Co., slip op. (App. No. 24293, Dec. 17, 2002), which presented the identical issue, we reject Iaea's argument.

In addition, Iaea contends that TIG's prior payment of various medical bills received by Iaea constituted an admission of liability by TIG. Our review of the record on appeal indicates no dispute that Iaea temporarily aggravated his pre-existing injuries when he was involved in the motor vehicle accident on May 18, 1997. Although TIG initially paid for Iaea's treatment expenses, it requested an independent medical examination (IME) and peer review after Iaea's treating physician submitted a treatment plan on September 5, 1997 that would have required Iaea to undergo twelve sessions of physical therapy. Based on the IME and peer review report, TIG challenged and ultimately denied benefits for this treatment plan.

The circuit court determined that no showing had been made "that payments that TIG may have made were inconsistent with

its denial of Iaea's contested claim." Based on our review of the record, we cannot conclude that the circuit court's determination was clearly erroneous.

Affirmed.