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Rubin v. Sullivan - state-provided PIP (no-fault) policies cover welfare recipients

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The automobile insurance laws of the State of Hawaii have an exception which excludes certain welfare recipients from receiving medical benefits for their auto accident related injuries under a state-provided PIP (no-fault) policy. In the case of Rubin v. Sullivan, 928 F2d 898 (9th Cir. 1991), the federal Ninth Circuit Court of Appeals struck down that exception to Hawaii's PIP (no-fault) law. The Ninth Circuit reasoned that the exception violated the spirit and the intent of the Social Security Act which specifically prohibits an insurance policy from denying medical coverage to an accident victim on the basis that the victim is a welfare recipient. Moreover, the court held that the federal Social Security Act preempts state law to the contrary.

 

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Accident Lawyer Hawaii

Law Offices of William H. Lawson
Kahala Avenue
Honolulu, HI 96816
(by appointment only)

Law Offices of William H. Lawson
Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813

New client hotline:
(808) 671-7600

Pearl City, Aiea and Waipahu:
(808) 671-7600

Main business phone:
(808) 528-2525


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Jones Act- maritime law and seaman cases



The Constitution Of The State Of Hawaii


Recent Personal Injury and Car Accident News


Some accidents happen and the victims don't know who hit them. In such cases, a negligent driver can sometimes be found through law enforcement, video cameras, and investigation. See, Woman Settles for $3 Million After Being Run Over by School Bus. In addition, in other cases, the injured parties may be able to pursue insurance coverages that are designed to fill in such gaps - such as Uninsured Motorist Insurance and/or Underinsured Motorist Insurance.





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Accident Attorney - Personal Injury Lawyer Hawaii

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