From our private database of 34,000+ case briefs...
Mikelson v. United States Automobile Association
Hawaii Supreme Court
111 P.3d 601 (2005)
In January 1999, Mathew Mikelson (plaintiff) was a full-time student at the University of Hawaii and financially dependent on his father, Larry Mikelson. The Mikelsons’ permanent residence was in California. Mathew was listed as an operator under Larry’s automobile insurance policy (the policy) with United States Automobile Association (USAA) (defendant), and three vehicles were listed on the policy. Not long after moving to Hawaii, Mathew was driving a motorcycle and got in an accident with another motorcycle driver, who was at fault. The motorcycle that Mathew was driving was not listed on the policy. Mathew filed a lawsuit in Hawaii against the other driver and USAA to recover compensation for his injuries. Mathew recovered $20,000 from the other driver, which was insufficient to cover his medical expenses. USAA denied that the policy provided underinsured motorist coverage to Mathew given that the motorcycle was not listed on the policy, based on applying California law. Under Hawaii law, however, underinsured motorist coverage followed the insured person, not the insured vehicle, and Mathew would be entitled to benefits. The policy contained no choice-of-law provision but did contain a geographical-area provision, which contemplated the occurrence of accidents anywhere in the United States. The trial court applied Hawaii law and entered judgment in Mathew’s favor. USAA appealed.
Rule of Law
Holding and Reasoning (Acoba, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 607,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.