Castro v. State Farm Mutual Automobile Insurance Company

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
28-MAY-2026
08:04 AM
Dkt. 61 MO
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

GWENDOLYN CASTRO, Claimant-Appellee, v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
Respondent-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CASE NO. 3CSP-XX-XXXXXXX)

MEMORANDUM OPINION
(By: Nakasone, Chief Judge, Leonard and Wadsworth, JJ.)
Respondent-Appellant State Farm Mutual Automobile

Insurance Company (State Farm) appeals from the April 16, 2024

Order Granting Claimant[-Appellee] Gwendolyn Castro's Motion To

Confirm Arbitration Award; And For Post Judgment Attorneys' Fees,

Costs, and Post Judgment Interest And Order Denying Respondent's

Motion To Vacate Partial Arbitration Award (Order re Arbitration

Award) entered against it by the Circuit Court of the Third

Circuit (Circuit Court).1

I. BACKGROUND

On August 12, 2019, Gwendolyn Castro (Castro) was

injured in an automobile accident. The driver of the other

vehicle was James Besser (Besser). Both of them were insured by

1
The Honorable Robert D.S. Kim presided.
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

State Farm. Castro settled her claim with Besser for $245,000.

On September 16, 2022, Castro filed an application to the Circuit

Court for an order appointing an arbitrator and directing

arbitration, contending that she was entitled to Underinsured

Motorist (UIM) benefits under her policy with State Farm. On

October 17, 2022, the Circuit Court entered an Order Appointing

Arbitrator and Directing Arbitration, which appointed Jerry

Hiatt, Esq., as the arbitrator (Arbitrator).

The Arbitrator held a hearing on June 20, 2023, and

August 16, 2023. The Arbitrator issued his Partial Final Award

(PFA) on September 4, 2023, awarding Castro $882,103.56 in

damages, costs, and prejudgment interest. 2 The Arbitrator

reserved the issue of attorney's fees and directed Castro to

supplement the record, with respect to attorney's fees, within 14

days of the filing of the PFA and directed State Farm to file any

opposition 14 days thereafter. On September 11, 2023, Castro

requested attorney's fees in the amount of $234,711.30, or 1/3 of

$704,133.91, pursuant to a contingent fee agreement with Castro's

attorney. On September 12, 2023, State Farm objected to the

award of attorney's fees and prejudgment interest. State Farm

argued, inter alia, that the Arbitrator lacked authority to award

2
The breakdown of the award was:

Total Special Damages (Medical Expenses) $182,440.77
Total Out of Pocket Costs $386.92
Total General Damages $750,000.00
Total Costs $21,813.34
Subtotal $954,641.03
Less Stipulated Reduction ($260,000.00)
Subtotal $694,641.03
Less Deduction for Apportionment of 2.4% ($16,671.38)
Subtotal $677,969.65.
Plus Pre-Judgment Interest $204,133.91
TOTAL AMOUNT AWARDED TO CLAIMANT $882,103.56

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attorney's fees because they were not raised at the hearing and

were "extra-contractual."

The Arbitrator issued a Final Award on October 7, 2023,

awarding Castro attorney's fees pursuant to Hawaii Revised

Statutes (HRS) § 431:10-242 (2019) and HRS § 658A-21(b) (2016),

and prejudgment interest pursuant to HRS § 658A-21(c) (2016).

In the Final Award, the Arbitrator explained that he

found Castro was entitled to prejudgment interest because State

Farm, as the insurer to both Castro and Besser, should have known

there would be a UIM claim, but nevertheless delayed payment for

more than four years. The Arbitrator relied on Weite v.

Momohara, 124 Hawai i 236, 251, 240 P.3d 899, 914 (App. 2010),

for the proposition that "[t]he 'well-established' purpose of the

statute is to allow the court to designate the commencement date

of interest in order to correct injustice when a judgment is

delayed for a long period of time for any reason, including

litigation delays." The Arbitrator awarded Castro the requested

attorney's fees. The Final Award states, inter alia:
The Arbitrator notes that at the hearing both sides were
invited to file post hearing memoranda on the relevant
issues and there is a very clear request for both attorneys'
fees and pre-judgment interest in [Castro's] memo filed on
August 18 2023, at pp 6-9. The Arbitrator finds that the
[declaration of attorney Marx, including an executed
contingent fee agreement,] meets the requirements of showing
a relatively standard written and signed contingency fee
agreement. There was nothing presented in the record from
[State Farm] to contest the validity or reasonableness of
that executed contingent fee agreement.

The Arbitrator further awarded prejudgment interest on

the award of attorney's fees, to begin to accrue thirty days

after the issuance of the Final Award.

On October 13, 2023, State Farm filed a Notice of

Appeal from the PFA and the Final Award, in the Circuit Court.

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Castro filed a Motion to Confirm Arbitration Award; and For Post

Judgment Attorney's Fees And Costs and Post Judgment Interest on

October 16, 2023, as well as a Memorandum in Support (Motion to

Confirm).

On December 14, 2023, State Farm filed a Motion to

Vacate Partial Arbitration Award (Motion to Vacate).3

On April 16, 2024, the Circuit Court filed the Order re

Arbitration. The Circuit Court granted Castro's Motion to

Confirm and denied State Farm's Motion to Vacate. State Farm

timely appealed.

II. POINTS OF ERROR

State Farm raises two points of error on appeal,

contending that: (1) the Circuit Court erred by confirming the

Arbitrator's award of attorney's fees, costs, and prejudgment

interest to Castro because the award exceeded the scope of the

Arbitrator's authority; and (2) the Circuit Court erred by

ordering State Farm to pay Castro any amounts in excess of State

Farm's UIM policy limit.

III. APPLICABLE STANDARD OF REVIEW

We review the Circuit Court's ruling on an arbitration

award de novo. Tatibouet v. Ellsworth, 99 Hawai i 226, 233, 54

P.3d 397, 404 (2002). However, we are "mindful that the [Circuit

Court's] review of arbitral awards must be 'extremely narrow and

exceedingly deferential.'" Id. The Hawai i Supreme Court has

explained the reasons for such deference:
First, because of the legislative policy to encourage
arbitration and thereby discourage litigation, arbitrators

3
Both Castro and State Farm filed oppositions and replies. Both
parties made essentially the same arguments in all their filings.

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have broad discretion in resolving the dispute. Upon
submission of an issue, the arbitrator has authority to
determine the entire question, including the legal
construction of terms of a contract or lease, as well as the
disputed facts. In fact, where the parties agree to
arbitrate, they thereby assume all the hazards of the
arbitration process, including the risk that the arbitrators
may make mistakes in the application of law and in their
findings of fact.

Second, correlatively, judicial review of an
arbitration award is confined to the strictest possible
limits. An arbitration award may be vacated only on the
four grounds specified in HRS § 658[A]–9 and modified and
corrected only on the three grounds specified in HRS
§ 658[A]–10. Moreover, the courts have no business weighing
the merits of the award.

Schmidt v. Pac. Benefit Servs., Inc., 113 Hawai i 161, 165–66,

150 P.3d 810, 814–15 (2006) (citation omitted).

IV. DISCUSSION

A. Attorney's Fees

State Farm argues that the Arbitrator exceeded his

authority when he awarded Castro attorney's fees because HRS

§ 431:10-242 is inapplicable to arbitrations.

Hawai i courts shall vacate an award if the arbitrator

exceeded the arbitrator's powers. HRS § 658A-23(4). An

arbitrator exceeds their authority if they award attorney's fees

in the absence of a statute or arbitration agreement authorizing

attorney's fees. Hamada v. Westcott, 102 Hawai i 210, 215, 74

P.3d 33, 38 (2003).

HRS § 431:10-242 provides:
§ 431:10-242 Policyholder and other suits against
insurer. Where an insurer has contested its liability under
a policy and is ordered by the courts to pay benefits under
the policy, the policyholder, the beneficiary under a
policy, or the person who has acquired the rights of the
policyholder or beneficiary under the policy shall be
awarded reasonable attorney's fees and the costs of suit, in
addition to the benefits under the policy.

State Farm argues that the statute is inapplicable

because State Farm did not contest its liability to Castro as

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State Farm only challenged the amount of damages it owed Castro

under the policy.

"The fundamental question with respect to the issue of

awarding attorney's fees is whether [the insurer] has in fact

been ordered to pay benefits within the meaning of HRS

§ 431:10–242." Mikelson v. United Servs. Auto. Ass'n, 108

Hawai i 358, 360, 120 P.3d 257, 259 (2005). An order declaring

that an insured is entitled to "coverage" does not trigger

attorney's fees under HRS § 431:10-242. Id. However, an order

requiring the insurer to pay "UIM benefits" does. Id. For

example, when a final judgment provided that the defendant had

"an obligation to pay wage loss benefits" under the policy, the

circuit court did not err in awarding attorney's fees under HRS §

431:10-242. First Ins. Co. of Haw. v. Dayoan, 124 Hawai i 426,

436, 246 P.3d 358, 368 (App. 2010) (emphasis added).

Here, the Arbitrator expressly found that "this is

clearly a contract dispute between the Parties over the insurance

policy benefits at issue between the Parties." (Emphasis added).

As in Dayoan, the Arbitrator's PFA ordered State Farm to pay

benefits. Therefore, we conclude that HRS § 431:10-242 applies.

State Farm further argues that the Arbitrator exceeded

his authority because HRS § 431:10-242 does not apply in

arbitrations. State Farm relies on Labrador v. Liberty Mut.

Grp., 103 Hawai i 206, 212, 81 P.3d 386, 392 (2003), in which the

supreme court held: "In the instant case, it is evident that HRS

§ 431:10–242 does not apply to the underlying arbitration

proceeding because an arbitration proceeding is not a 'suit.'"

In Labrador, however, the supreme court clearly applied HRS

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Chapter 658, the predecessor statute to Chapter 658A, stating:
In 2001, HRS chapter 658 was replaced by a modified
version of the Uniform Arbitration Act [Chapter 658A]. HRS
chapter 658 is still applicable to this case, however, as
HRS § 658A–3 (2001) specifically states that "this chapter
governs an agreement to arbitrate made on or after July 1,
2002." In this case, the arbitration between Labrador and
Liberty Mutual occurred on November 28, 2001, and the
arbitration award was issued on December 20, 2001. Thus, the
agreement to arbitrate, the arbitration, and the award
occurred prior to July 1, 2002.

Id. at 211 n.10, 81 P.3d at 391 n.10.

Unlike Labrador, this case is governed by Chapter 658A.

Relevant here, HRS § 658A-21 provides:
§ 658A-21 Remedies; fees and expenses of arbitration
proceeding.

. . . .

(b) An arbitrator may award reasonable attorney's fees
and other reasonable expenses of arbitration if such an
award is authorized by law in a civil action involving the
same claim or by the agreement of the parties to the
arbitration proceeding.

Thus, unlike its predecessor, Chapter 658A specifically

allows attorney's fees that would be recoverable in a civil

action of the same type. Id. As discussed above, HRS § 431:10-

242 authorizes attorney's fees when an insurer contests its

liability and is ordered to pay benefits. State Farm contested

its liability and the Arbitrator ordered it to pay benefits.

Because Castro would be entitled to attorney's fees in a civil

action, pursuant to HRS § 431:10-242, we conclude that the

Arbitrator had authority to award fees under HRS § 658A-21.

State Farm further argues that in this case "attorneys'

fees would not have been 'authorized by law in a civil action

involving the same claim' because a UIM arbitration necessarily

takes the place of a lawsuit against the underinsured tortfeasor.

In this regard, the UIM carrier answers in damages for the

underinsured tortfeasor up to the subject policy's UIM limit."

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An insurer who unsuccessfully contests liability on a

UIM claim is liable for attorney's fees and costs of suit. See

Dayoan, 124 Hawai i at 436, 246 P.3d at 368; see also Liberty

Mut. Ins. Co. v. Sentinel Ins. Co., 120 Hawai i 329, 348, 205

P.3d 594, 613 (App. 2009) (insurer was not successful in

contesting its liability for UIM benefits, therefore HRS

§ 431:10–242 required that insured be awarded attorney's fees).

This argument lacks merit.

B. Prejudgment Interest

State Farm argues that the Arbitrator exceeded his

authority by awarding prejudgment interest because he did not

have authority to make an award greater than policy limits.

HRS § 658A-21(c) states:
(c) As to all remedies other than those authorized by
subsections (a) and (b), an arbitrator may order such
remedies as the arbitrator considers just and appropriate
under the circumstances of the arbitration proceeding. The
fact that such a remedy could not or would not be granted by
the court is not a ground for refusing to confirm an award
under section 658A-22 or for vacating an award under section
658A-23.

As the supreme court has noted, "where the entire

dispute is submitted to arbitration and pre-award interest is not

specifically excluded by contract, arbitrators have the authority

to make an award of interest as part of the determination of the

total amount of compensation to which the prevailing party is

entitled." Kalawaia v. AIG Haw. Ins. Co., 90 Hawai i 167, 173

n.11, 977 P.2d 175, 181 n.11 (1999). This court previously

affirmed an arbitrator's award of prejudgment interest in excess

of policy limits. Blau v. AIG Haw. Ins. Co., CAAP–11–0000713,

2014 WL 2949437, at *2 (Haw. App. June 30, 2014) (SDO). We

reasoned that "there was no specific prohibition against . . .

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prejudgment interest and costs" and that the parties "assume all

the hazards of the arbitration process, including the risk that

the arbitrators may make mistakes in the application of law and

in their findings of fact." Id. (quoting Tatibouet, 99 Hawai i

at 236, 54 P.3d at 407). We apply that rationale here to

conclude that the arbitrator did not exceed his authority in

awarding prejudgment interest.

V. CONCLUSION

For these reasons, the Circuit Court's April 16, 2024

Order re Arbitration is affirmed.

DATED: Honolulu, Hawai i, May 28, 2026.

On the briefs: /s/ Karen T. Nakasone
Chief Judge
Richard B. Miller,
Ashley R. Shibuya, /s/ Katherine G. Leonard
(Tom Petrus & Miller, LLLC), Associate Judge
for Respondent-Appellant
/s/ Clyde J. Wadsworth
Robert P. Marx, Associate Judge
for Claimant-Appellee

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