Case Notes

• Jurisdiction: Hawaii,United States
• Citation: Vol. 25 No. 01
• Publication year: 2021
• Year: 2021
• topic: Family Law,Insurance Law,Civil Procedure

CASE NOTES

Supreme Court

Family

L.R.O. v. N.D.O., No. SCWC-19-0000446, November 5, 2020, (Recktenwald, C.J.). Hawaii's version of the Uniform Premarital Agreement Act ("UPAA') provides that a premarital agreement ("PMA') is enforceable unless one of the parties proves they did not execute it voluntarily. Hawaii Revised Statutes § 572D-6(1) (2018). Petitioner N.D.O. ("Wife") argued throughout the parties' divorce proceeding that she involuntarily executed a PMA prior to her marriage to L.R.O. The Hawaii Supreme Court concluded that the family court did not err in rejecting that argument and by enforcing the PMA. However, to provide further guidance to the family courts, the Hawaii Supreme Court adopted the California Supreme Court's test for voluntariness in PMAs under the UPAA. The Hawaii Supreme Court further held that Wife's other asserted points of error were meritless.

Insurance

State Farm Mutual Automobile Ins. Co. v. Mizuno, No. SCCQ-19-0000556, November 20, 2020, (Wilson, J.). On August 28, 2019, the Hawaii Supreme Court accepted the following certified question from the...