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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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