IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI`I
IN THE MATTER OF THE CLAIM OF VERONICA MERCADO,
Claimant-Appellant, v. AIG HAWAII INSURANCE COMPANY and
WAYNE C. METCALF, III, INSURANCE COMMISSIONER,
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, STATE OF
HAWAI`I, Respondents-Appellees
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(Civ. No. 01-1-1573)
SUMMARY DISPOSITION ORDER
(By: Watanabe, Acting C.J., Lim, and Foley, JJ.)
Claimant-Appellant Veronica Mercado (Mercado) appeals the Decision and Order Affirming Commissioner's Final Order and the Judgment, both entered on November 2, 2001 by the Circuit Court of the First Circuit (the circuit court), Judge Eden Elizabeth Hifo presiding, which affirmed the Commissioner's Final Order, entered on May 14, 2001 by Respondent-Appellee Wayne C. Metcalf, III, Insurance Commissioner, Department of Commerce and Consumer Affairs, State of Hawai`i that, in turn, upheld the denial by Respondent-Appellee AIG Hawaii Insurance Company (AIG) of no-fault motor vehicle insurance benefits to Mercado.
The sole argument raised by Mercado on appeal is that the circuit court
incorrectly concluded that she had the burden
of proving, by a preponderance of the evidence, that AIG's denial of
benefits to her was improper. In light of our decision in In
re Hoffacker v. State Farm Mutual Auto. Ins. Co., slip op. (App.
No. 24293, Dec. 17, 2002), which presented the identical issue, we reject
Mercado's argument.
Affirmed.
DATED: Honolulu, Hawai`i, December 17, 2002.
On the briefs:
Christopher R. Evans
for claimant-appellant.
Katharine M. Nohr (Miyagi,
Nohr & Myhre) for
respondent-appellee
AIG Hawaii Insurance Company.
Deborah Day Emerson and
David A. Webber, Deputy
Attorneys General, State of
Hawai`i for respondent-
appellee Wayne C. Metcalf,
III, Insurance Commissioner,
Department of Commerce and
Consumer Affairs, State of
Hawai`i.