Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State Farm Mutual Automobile Insurance Co. v. Mizuno

United States Court of Appeals, Ninth Circuit

August 5, 2019

State Farm Mutual Automobile Insurance Company, Plaintiff-Appellee,
v.
Michael Mizuno, Defendant-Appellant.

          D.C. No. 1:16-cv-00059-KJM

          Roy K. S. Chang and Harvey M. Demetrakopoulos, Shim & Chang, Honolulu, Hawai'i, for Defendant-Appellant.

          David R. Harada-Stone, Patricia Kehau Wall, and Richard B. Miller, Tom Petrus & Miller LLLC, Honolulu, Hawai'i, for Plaintiff-Appellee.

          Before: Kim McLane Wardlaw, Marsha S. Berzon, and Johnnie B. Rawlinson, Circuit Judges.

         SUMMARY[*]

         Certified Question to the Supreme Court of Hawai'i

         The panel certified the following question of state law to the Supreme Court of Hawai'i:

Under Hawai'i law, is a permissive user of an insured vehicle, whose connection to the insured vehicle is permission to use the vehicle to run errands and drive to work, entitled to uninsured motorist (UM) benefits under the chain-of-events test because he was injured by an uninsured motorist?

          ORDER

          Kim McLane Wardlaw, United States Circuit Judge.

         Pursuant to Hawai'i Revised Statute § 602-5(a)(2) and Rule 13 of the Hawai'i Rules of Appellate Procedure, we respectfully certify the following question to the Supreme Court of Hawai'i:

Under Hawai'i law, is a permissive user of an insured vehicle, whose connection to the insured vehicle is permission to use the vehicle to run errands and drive to work, entitled to uninsured motorist (UM) benefits under the chain-of-events test because he was injured by an uninsured motorist?

         Michael Mizuno (Mizuno), a permissive user of a vehicle insured under a policy issued by State Farm Mutual Automobile Insurance Company (State Farm) to Mizuno's girlfriend, Daryl-Jean S. Wong (Wong), was injured when he was struck by an uninsured motorist while crossing the street as he returned to the vehicle after running an errand. The question of whether Mizuno is entitled to UM benefits under Hawai'i law is determinative of the matter pending before this court and the question is not affirmatively answered by any controlling Hawai'i precedent. Accordingly, pursuant to Rule 13(a) of the Hawai'i Rules of Appellate Procedure, we respectfully request that the Hawai'i Supreme Court determine whether, under Hawai'i law, a permissive user of an insured vehicle is entitled to UM benefits when he is injured by an uninsured motorist while returning to the vehicle after running an errand.[1] Pursuant to Rule 13(b) of the Hawai'i Rules of Appellate Procedure, we provide "a statement of prior proceedings in the case, a statement of facts showing the nature of the cause, the question of law to be answered, and the circumstances out of which the question arises." Haw. R. App. P. 13(b).

         I. Statement of Facts

         According to the undisputed facts, Mizuno received permission from Wong to use her vehicle because Mizuno's vehicle was undergoing repairs. Mizuno had an automobile insurance policy issued by GEICO, with "UM limits of $50, 000 per person and $100, 000 per accident." State Farm insured Wong and her vehicle, "with UM limits of $100, 000 per person and $300, 000 per accident." Wong's policy with State Farm defined "Insured" in relevant part as "any other person while: a. occupying, with a reasonable belief that he or she is entitled to do so: (1) your car." The policy provided that "[o]ccupying means in, on, entering, or exiting."

         After receiving Wong's permission to use her vehicle, Mizuno drove the vehicle to the post office to mail the couple's bills. Mizuno parked the vehicle across the street from the post office, walked across the street, and deposited the bills in a mailbox. As Mizuno was returning to the vehicle, he was struck by an unidentified driver as he was approaching Wong's vehicle. Mizuno "suffered injuries to his left leg, left arm, left wrist, and left hand, and required surgery to repair his broken left wrist."

         Mizuno acknowledged that he "made a voluntary and conscious decision to stop, park and exit Wong's car near the Kaimuki Post Office on the morning of the Accident; and his decision was not caused or influenced by a mechanical breakdown or collision of some sort." Mizuno also conceded that "[a]t the moment he was struck, [he] was not physically in, on, entering, exiting, loading or unloading Wong's car."

         Mizuno sought coverage under Wong's UM policy with State Farm. Mizuno subsequently received $50, 000 pursuant to his UM policy with GEICO.

         II. Statement of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.