GILLIAN v. GOVERNMENT EMPLOYEES INSURANCE COMPANY

No. 28075 (April 17, 2008)

Opinion [pdf]

OPINION OF THE COURT BY FOLEY, J.

Defendant-Appellant Government Employees Insurance Company (GEICO) appeals from the Amended Partial Judgment filed on July 17, 2006 in the Circuit Court of the First Circuit (circuit court).  The circuit court entered judgment against GEICO and in favor of Plaintiffs-Appellees Margret Gillian (Gillan) and Howard Keller, M.D. (Dr. Keller) (hereinafter collectively referred to as Plaintiffs) on Plaintiffs' claim that GEICO violated Hawaii Revised Statutes (HRS) §  431:10C-308.5 (2005 Repl.) by basing its denial of Gillian's claim for Personal Injury Protection (PIP) benefits on the opinion of a doctor whom GEICO had chosen, without Gillian's approval, to review Gillian's medical records.

On appeal, GEICO contends the circuit court erred by granting partial judgment against GEICO and in favor of Plaintiffs because the judgment was based on erroneous interpretation of HRS §  431:10C-308.5(b).

. . . .

The Amended Partial Judgment filed on July 17, 2006 in the Circuit Court of the First Circuit is vacated and this case is remanded for further proceedings. [footnotes omitted]