John W. Marsh - Page 9




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          falling object (horse)”, and describe petitioner as “police                 
          officer who injured his left ankle when a horse fell on him”.               
               Petitioner consulted an attorney sometime after the April 9,           
          1988 injury.  Petitioner then submitted a motor vehicle accident            
          report to the police on April 24, 1988.  That report stated                 
          petitioner “was involved in a M/C [motorcycle] accident in Kahuku           
          4-9-88 * * * trying to avoid potential collision [with oncoming             
          unidentified truck] he then lost control of motorcycle flipping             
          off of m/c injuring left ankle.”  Under Hawaii law, the driver of           
          a motor vehicle which is in any manner involved in an accident in           
          which a person is injured is required to make a report of an                
          accident not more than 24 hours after the accident.  Petitioner,            
          a police officer, did not file a timely accident report as                  
          required by law.  Petitioner’s accident report was filed more               
          than 2 weeks after his injury.                                              
               Petitioner thereafter, through his attorney, submitted an              
          uninsured motorist claim to his automobile insurance company.               
          The claim asserted that the cause of petitioner's injuries was              
          the motorcycle accident described in the police report.  The                
          insurer initially denied the claim.  In response to petitioner’s            
          claim, the insurer wrote:                                                   
               Please be advised that under Mr. Marsh’s personal                      
               automobile policy with The Travelers, your claim for                   
               uninsured motorist coverage is not applicable in this                  
               situation.  Mr. Marsh’s personal automobile policy does                
               not afford coverage for bodily injury suffered by an                   
               insured while occupying a highway vehicle, which is                    





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