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Macabio v. Tig Insurance Co.5/21/1998
Opinion OF THE COURT BY KLEIN, J.
This appeal arises out of an insurance dispute over plaintiffs-appellants Jusinto and Rose Macabio's entitlement to stacked underinsured motorist (UIM) benefits under their automobile insurance policy with defendant-appellee TIG Insurance (TIG). The circuit court granted TIG's motion for summary judgment in a declaratory judgment action. The circuit court's ruling declared that TIG presented a legally sufficient offer to the Macabios to elect stacking of their uninsured motorist (UM) coverage and UIM coverage and that no written rejection of the stacking option was required for TIG to refuse payment of stacked UIM benefits to the Macabios.
On appeal, the Macabios argue that: (1) the offer was legally insufficient; (2) TIG was required by statute to obtain a written rejection of the stacking option; and (3) there are genuine issues of material fact as to agent Matsuno's liability.
TIG argues that: (1) the offer was legally sufficient; and (2) they were not required by statute to obtain a written rejection of the stacking option.
Agent Matsuno argues that: (1) Hawai'i recognizes no legal duty to make unsolicited calls to clients; (2) no special relationship existed that would mandate unsolicited calls; (3) no other professionals in Hawai'i have a legal duty to make unsolicited calls to clients; and (4) costs and fees should be awarded to him for this frivolous appeal.
Because we hold that (1) TIG's offer of the stacking option was legally insufficient, (2) TIG was required by statute to obtain a written rejection of the stacking option, and (3) there are no genuine issues of material fact as to agent Matsuno's liability, we reverse the circuit court's order granting TIG's motion for summary judgment, and affirm the circuit's order granting agent Matsuno's motion for summary judgment.
I. BACKGROUND
In November 1993, Jusinto Macabio was seriously injured in an automobile accident when another car, driven by Debra Yamamoto, rear-ended his car. Ms. Yamamoto's liability was undisputed and the Macabios settled with Ms. Yamamoto's insurance carrier for the bodily injury policy limit of $25,000.00. Because Jusinto's medical bills far exceeded the $25,000.00 settlement, the Macabios filed a claim with TIG for stacked UIM benefits under their own policy. At the time of the accident, the Macabios' insurance policy with TIG included UIM coverage for four vehicles in the amount of $100,000.00 per vehicle. Under the terms of the policy, the Macabios' coverage was unstacked.
The Macabios renewed their insurance policies with TIG semi-annually every January 22nd and July 22nd. On January 22, 1993, the Macabios renewed their automobile insurance. No stacking option was offered that time. However, on July 16, 1993, TIG sent a form letter to the Macabios informing them of the option to stack their UM and UIM benefits. By this time, the Macabios had already paid their premium for the July 22nd renewal. The letter stated in pertinent part:
UNINSURED (UM) AND UNDERINSURED MOTORISTS COVERAGES (UIM)-INCREASED LIMITS AND STACKING OPTION
Rejection of Coverage
In accordance with Hawaii laws, you may reject UM and/or UIM coverages. If you would like to reject either or both of these coverages, please initial the appropriate item(s) on the enclosed Coverage Selection form.
If you previously rejected either or both of these coverages, the coverage will remain rejected until you write to us and request they be added. For your convenience, the enclosed Coverage Selection form allows you to add either or both of these coverages.
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