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Alzharani v. Pacific International Services Corp.9/17/1996
OPINION OF THE COURT BY MOON, C.J.
In this declaratory judgment action, plaintiff-appellant Talel Alzharani appeals from the judgment entered in favor of defendant-appellee Pacific International Services Corporation dba Dollar Rent-A-Car (PISC). Alzharani argues on appeal that the circuit court erred in denying his motion for summary judgment and in granting summary judgment in favor of PISC because, as a self-insurer, PISC was statutorily and contractually obligated to offer him uninsured motorist (UM) and underinsured motorist (UIM) coverage at the time he rented a vehicle from PISC. Having failed to do so, Alzharani asserts that PISC is obligated to provide him UM coverage in the present case. For the following reasons, we affirm the judgment and order granting summary judgment in favor of PISC.
I. BACKGROUND
On September 6, 1992, Alzharani rented a 1992 Pontiac Sunbird automobile [hereinafter, the rental vehicle] from PISC in Honolulu. The rental agreement provided in pertinent part that "this vehicle is provided to the Renter with the minimum insurance required by Hawaii Revised Statutes for Property Damage, Bodily Injury , and No Fault. We do not provide any coverage for un-insured or underinsured motorists."
During the evening of the same day, Alzharani was involved in a three-car accident on Kamehameha Highway in La'ie. The two other cars involved in the accident were uninsured. Alzharani incurred medical expenses and suffered lost wages due to the injuries he sustained in the accident. PISC provided no-fault benefits, but refused Alzharani's request for statutory UM benefits.
On October 17, 1994, Alzharani filed a complaint for declaratory relief, seeking a judicial determination of PISC's statutory obligation to provide him with UM benefits. The parties filed cross-motions for summary judgment, and, by order filed September 15, 1995, the circuit court denied Alzharani's motion and granted PISC's motion. Judgment was filed on October 18, 1995, and this timely appeal followed.
II. STANDARD OF REVIEW
It is well settled that:
We review circuit court's award of summary judgment de novo under the same standard applied by the circuit court. Amfac, Inc. v. Waikiki Beachcomber Inv. Co., 74 Haw. 85, 104, 839 P.2d 10, 22, reconsideration denied, 74 Haw. 650, 843 P.2d 144 (1992) (citation omitted). As we have often articulated,
summary judgment is appropriate if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
IId. (emphasis added) (citation and internal quotation marks omitted); see Hawai'i Rules of Civil Procedure (HRCP) Rule 56(c) (1990). "A fact is material if proof of that fact would have the effect of establishing or refuting one of the essential elements of a cause of action or defense asserted by the parties." Hulsman v. Hemmeter Dev. Corp., 65 Haw. 58, 61, 647 P.2d 713, 716 (1982) (citations omitted).
State v. Erkel Greenfield and Assoc., 82 Hawai'i 32, 39, 919 P.2d 294, 301 (1996) (quoting Maguire v. Hilton Hotels Corp., 79 Hawai'i 110, 112, 899 P.2d 393, 395 (1995)).
III. Discussion
Alzharani specifically argues that the circuit court erred in concluding that PISC is not obligated, either by statute or
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