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National Union Fire Insurance Co. v. Ragil5/15/1991
Two certified questions are presented by the United States District Court for the District of Hawaii for review by this court pursuant to Hawaii Rules of Appellate Procedure (HRAP) Rule 13.
CERTIFIED QUESTIONS OF LAW
1) May a person operating a vehicle which he owned but failed to insure, who is injured as a result of the negligence of an underinsured party receive underinsured motorist benefits under a family member's automobile insurance policy which policy covers family members but excludes underinsured motorists coverage for bodily injury sustained by any person while occupying, or when struck by, any motor vehicle owned by the insured or any family member which is not insured for this coverage under this policy.
2) May a person operating a vehicle which he owned but failed to insure, who is injured as a result of the negligence of an underinsured party receive underinsured motorist benefits under a family member's automobile insurance policy which policy covers family members but excludes underinsured motorists coverage for bodily injury sustained by any person using the vehicle without a reasonable belief that that person is entitled to do so.
In reviewing these questions, we interpret "vehicle" to mean motorcycle and not motor vehicle. Therefore, we answer "no" to certified question one. In view of our answer to certified question one, we need not address certified question two.
I.
On August 9, 1988, Leslie Ragil (Ragil) was riding his motorcycle on Nimitz Highway when he was struck by a taxi driven by Han Chin Choe. Leslie Ragil was seriously injured. He obtained a $35,000 policy limit settlement from Choe's bodily injury liability insurer. Leslie Ragil was the owner of the motorcycle, but he had obtained none of the required liability insurance coverage for it.
Ragil made a claim for underinsured motorist benefits under the automobile insurance policy his father, Anthony Ragil, had with National Union Fire Insurance. The motorcycle was not listed in that policy. However, the policy provided underinsured motorist coverage to a "covered person," which by definition included family members related by blood to the named insured and living in the same household. At the time of the accident, Ragil was residing with his parents.
The underinsured motorist coverage provision of the policy contained the following exclusions:
We do not provide Underinsured Motorists Coverage for bodily injury sustained by any person:
1. While occupying, or when struck by, any motor vehicle owned by you or any family member which is not insured for this coverage under this policy.
3. Using the vehicle without a reasonable belief that that person is entitled to do so.
Based on these two exclusions, National denied coverage. On June 13, 1989, in the United States District Court for the District of Hawaii, National filed a complaint for Declaratory Judgment seeking a declaration that it had no "obligation" to provide underinsured motorist benefits to Ragil. National then filed a motion for summary judgment asking the court to declare, as a matter of law, that National had no such "obligation."
Ragil filed a motion in opposition and a cross-motion for summary judgment asserting he was entitled to coverage because the "owned vehicle" exclusion was void and the "reasonable belief" exclusion was inapplicable.
On June 7, 1990, the district court certified the two questions of law for our review.
II.
Under certified question one, Ragil argues underinsured motorist coverage should be extended to him
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