- 9 - 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 isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011