Roman v. Ito, CAAP-12-0000171

Decision Date22 April 2013
Docket NumberNO. CAAP-12-0000171,CAAP-12-0000171
PartiesIN 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
CourtCourt of Appeals of Hawai'i

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NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER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...

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