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.