Yamaguchi v. State Farm Mutual Automobile Insurance Company

706 F.2d 940 Thelma YAMAGUCHI, individually and as Personal Representative of the Estate of Stanley Yamaguchi, deceased; and Robin Yamaguchi, minor, and Lynne Yamaguchi, minor, by Thelma Yamaguchi, their Guardian Prochein Ami, Plaintiffs-Appellees, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Defendant-Appellant. No. 81-4107. United States Court of Appeals, Ninth Circuit. Submitted Aug. 10, 1982. Decided May 24, 1983. Henry N. Kitamura, Roy Chang, Honolulu, Hawaii, for plaintiffs-appellees. Ronald Y.K. Leong, Kobayashi, Watanabe, Sugita & Kawashima, Honolulu, Hawaii, for defendant-appellant. Appeal from the United States District Court for the District of Hawaii. Before SCHROEDER, FLETCHER, and NORRIS, Circuit Judges. FLETCHER, Circuit Judge: 1 This is a diversity action against an insurer to recover no-fault benefits under two Hawaii no-fault insurance policies. Defendant appeals from the trial court's granting of plaintiffs' motion for partial summary judgment of $100,000 against the defendant. 515 F.Supp. 186 (D.Haw.1981). The trial court ordered State Farm Mutual Automobile Insurance Co. (State Farm) to pay plaintiffs the $100,000 in total…