HRS 0431-0010C-0304 ANNOTATIONS

Case Notes

Section entitles motorcycle passenger to claim no-fault benefits against automobile driver's policy for passenger's injuries received in accident between driver's vehicle and motorcycle. 81 H. 302, 916 P.2d 1203.

Term "any person" in paragraph (1)(A)(i) includes motorcycle passengers. 81 H. 302, 916 P.2d 1203.

Paragraph (1)(B) (1987) created a statutory right to survivors' loss benefits. 88 H. 345 (App.), 966 P.2d 1071.

Pursuant to paragraph (1)(B) (1987) and §431:10C-103(10)(B) (1987), upon the death of an insured, the insurer is obligated to provide the insured's survivor a survivor's loss benefit of up to either (1) $15,000 where the insured has purchased only the basic no-fault coverage, or (2) the expanded limits of no-fault benefits where the insured has contracted for it under an optional additional coverage. 88 H. 345 (App.), 966 P.2d 1071.

The plain language of paragraph (1) requires a causal connection between a motor vehicle accident and any injury for which a claim for no-fault insurance benefits is made. 101 H. 21 (App.), 61 P.3d 532.

Insurer violated the time requirements of paragraph (3)(C) (1993) when it delayed granting or denying insured's claim for no-fault benefits pending (1) receipt of answers from insured's treating physicians to insurer's questions regarding the underlying cause of the medical condition that required insured to undergo bypass surgery a few days after a motor vehicle accident, and (2) insured's undergoing two independent medical examinations; however, the commissioner wrongly concluded that insurer's violation of these time requirements procedurally barred insurer from contesting the substantive merits of insured's claim. 101 H. 311 (App.), 67 P.3d 810.