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IN THE SUPREME COURT OF THE STATE OF HAWAI#I ---o0o---

WAYNE C. METCALF, III in his capacity as Liquidator and Trustee of the PGMA Liquidating Trust, Plaintiff-Appellee/ Cross-Appellant, vs. VOLUNTARY EMPLOYEES' BENEFIT ASSOCIATION OF HAWAII, Defendant-Appellant/ Cross-Appellee.

NO. 23084 APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 98-0464-02) AUGUST 22, 2002

MOON, C.J., LEVINSON, NAKAYAMA, AND RAMIL, JJ.; ACOBA, J., DISSENTING OPINION OF THE COURT BY MOON, C.J. Defendant-appellant/cross-appellee Voluntary Employees' Benefit Association of Hawai#i (VEBAH) and plaintiffappellee/cross-appellant State Insurance Commissioner Wayne C. Metcalf, III, [hereinafter, the Commissioner] appeal from the December 27, 1999 amended judgment of the Circuit Court of the First Circuit, the Honorable Kevin S.C. Chang presiding. VEBAH

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argues that the circuit court erred in: (1) dismissing VEBAH's counterclaims based upon provisions of Article 15 of the Insurance Code; and (2) concluding that VEBAH is liable for postjudgment interest. The Commissioner claims that the circuit

court erred in: (1) refusing to consider his request for prejudgment interest and (2) denying his request for attorneys' fees. We affirm in part and vacate in part the amended judgment

of the circuit court and remand this case for further proceedings. I. BACKGROUND

VEBAH entered into an agreement with Pacific Group Medical Association (PGMA), a mutual benefit society organized and licensed under Hawai#i Revised Statutes (HRS) chapter 4321

Under HRS

Download Metcalf v. Voluntary Employees' Benefit Association of Hawaii. Dissenting Opini

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