Roman v. Ito, CAAP-12-0000171

• Court: Court of Appeals of Hawai'i
• Parties: IN THE MATTER OF THE CLAIM, EARL ROMAN, Claimant/Appellant-Appellant, v. GORDON I. ITO, INSURANCE COMMISSIONER, INSURANCE DIVISION, DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, STATE OF HAWAI'I, Respondent/Appellee-Appellee
• Docket Number: NO. CAAP-12-0000171,CAAP-12-0000171
• Decision Date: 22 April 2013

IN THE MATTER OF THE CLAIM,
EARL ROMAN, Claimant/Appellant-Appellant,
v.
GORDON I. ITO, INSURANCE COMMISSIONER,
INSURANCE DIVISION, DEPARTMENT OF COMMERCE AND
CONSUMER AFFAIRS, STATE OF HAWAI'I, Respondent/Appellee-Appellee

NO. CAAP-12-0000171

INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I

Dated: April 22, 2013

NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 11-1-0058-01)
MEMORANDUM OPINION (By: Foley, Presiding J., Fujise and Leonard, JJ.)

Claimant/Appellant-Appellant Earl Roman (Roman) appeals from the July 5, 2011 "Order Denying Claimant-Appellant Appeal And Affirming The Insurance Commissioner's Jurisdictional Abstention" and the February 16, 2012 "Judgment" both entered in the Circuit Court of the First Circuit¹ (circuit court) in favor of Respondent/Appellee-Appellee Gordon I. Ito, Insurance Commissioner, Insurance Division, Department of Commerce and Consumer Affairs, State of Hawai'i (Insurance Commissioner).

Page 2

I. BACKGROUND

Roman was struck by a vehicle on February 18, 2010. Government Employees Insurance Company (GEICO) insured the vehicle under a policy that included both personal injury protection (PIP) and additional personal injury protection (APIP). The policy's terms limited PIP benefits to $10,000, which GEICO paid to Roman. Roman also claimed $20,000 in APIP benefits. However, GEICO asserted that under the policy language Roman was not eligible for APIP coverage, and it disputed Roman's claim for $20,000.

On August 25, 2010, Roman filed a complaint to the Insurance Division, challenging GEICO's determination that he did not qualify for APIP benefits and requesting a hearing. The Insurance Commissioner denied Roman's hearing request, stating the Insurance Division lacked jurisdiction over Roman's claims.

On January 12, 2011, Roman filed a notice of appeal in the circuit court pursuant to Hawaii Revised Statutes (HRS) § 91-14 (2012 Repl.). The circuit court heard oral argument on June 16, 2011. The circuit court then entered the July 5, 2011 "Order Denying Claimant-Appellant Appeal And Affirming The Insurance Commissioner's Jurisdictional Abstention" and the February 16, 2012 "Judgment," affirming the Insurance Commissioner's decision.

Roman filed a timely notice of appeal on March 14, 2012. On appeal, Roman contends he is entitled to an administrative hearing before the Insurance Commissioner.

II. STANDARD OF REVIEW

Review of a decision made by the circuit court

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