State Farm Mutual Automobile Insurance Company, an Illinois Corporation v. Thomas M. Ishigo, and Ellen Ishigo

944 F.2d 909 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Plaintiff-Appellee, v. Thomas M. ISHIGO, and Ellen Ishigo, Defendants-Appellants, No. 90-15990. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 19, 1991. Decided Sept. 23, 1991. Before D.W. NELSON, CYNTHIA HOLCOMB HALL and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Thomas and Ellen Ishigo appeal from the district court's grant of a declaratory judgment in favor of State Farm Insurance. The district court held that Hawaii's underinsured motorist statute, as it existed in 1986, did not require that rejection of underinsured motorist coverage be in writing. Haw.Rev.Stat. § 431-448(b). 3 We reverse because the Supreme Court of the State of Hawaii recently held that the statute did require a written rejection. Mollena v. Fireman's Fund Ins. Co., No. 14648 (Haw.Sup.Ct. Aug. 21, 1991). 1 Thus, it was error to grant…