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IN RE MERCADO v. AIG HAWAII INS.

Intermediate Court of Appeals of Hawaii
Dec 17, 2002
24734 (Haw. Ct. App. Dec. 17, 2002)

Opinion

24734.

December 17, 2002.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (Civ. No. 01-1-1573)

On the briefs:

Christopher R. Evans for claimant-appellant. Katharine M. Nohr (Miyagi, Nohr Myhre) for respondent-appellee AIG Hawaii 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.

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


SUMMARY DISPOSITION ORDER

Claimant-Appellant Veronica Mercado (Mercado) appeals the Decision and Order Affirming Commissioner's Final Order and the Judgment, both entered on November 2, 2001 by the Circuit Court of the First Circuit (the circuit court), Judge Eden Elizabeth Hifo presiding, which affirmed the Commissioner's Final Order, entered on May 14, 2001 by 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 AIG Hawaii Insurance Company (AIG) of no-fault motor vehicle insurance benefits to Mercado.

The sole argument raised by Mercado on appeal is that the circuit court incorrectly concluded that she had the burden

of proving, by a preponderance of the evidence, that AIG's denial of benefits to her 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 Mercado's argument.

Affirmed.


Summaries of

IN RE MERCADO v. AIG HAWAII INS.

Intermediate Court of Appeals of Hawaii
Dec 17, 2002
24734 (Haw. Ct. App. Dec. 17, 2002)
Case details for

IN RE MERCADO v. AIG HAWAII INS.

Case Details

Full title:IN THE MATTER OF THE CLAIM OF VERONICA MERCADO, Claimant-Appellant, v. AIG…

Court:Intermediate Court of Appeals of Hawaii

Date published: Dec 17, 2002

Citations

24734 (Haw. Ct. App. Dec. 17, 2002)