No. 28301 – Monday, September 20, 2010 at 10 a.m.

FIRST INSURANCE COMPANY OF HAWAII, LTD., Plaintiff-Appellant v. ANGEL DAYOAN, SR., Defendant-Appellee.

Attorney(s) for Plaintiff-Appellant
Randall Y.S. Chung and James H. Monma (Matsui Chung)

Attorney(s) for Defendant-Appellee
Dwayne Lerma and Jo Anne Goya (Lerma and Goya)

COURT:    Nakamura, CJ; Fujise and Reifurth, JJ.

SPECIAL NOTE:    The above argument will take place in the Supreme Court courtroom on the Second Floor of Aliʻiolani Hale, 417 South King Street, Honolulu, Hawaii.

[ Listen to the entire audio recording in mp3 format ]

Brief description:

Plaintiff-Appellant First Insurance Co. of Hawaii, Ltd. (First) appeals from the November 1, 2006 Final Judgment of the Circuit Court of the Third Circuit in favor of Defendant-Appellee Angel Dayoan, Sr. (Dayoan).  First contends that the judgment is inconsistent with the State’s no-fault insurance law and the legislative intent with regard to limiting insurer liability under amendments made to that law in 1997.  The issues on appeal are whether Dayoan remains entitled to wage loss benefits under First’s motor vehicle insurance policy, whether Dayoan was entitled to an award of attorneys’ fees and costs, and whether the amount of the attorneys’ fees awarded was appropriate.