The Hawaii Supreme Court has granted a writ of certiorari in Gillan v. Gov’t Employees Ins. Co., 184 P.3d 780 (Haw. Ct. App. 2008).  Moreover, the Supreme Court ordered that oral argument will be conducted in the case.  See Gillan v. Gov’t Employees Ins. Co., No. 28075 (Haw. June 23, 2008). 

     As noted in a prior post, the Intermediate Court of Appeals’ decision revolved around hiring a doctor to perform a medical record review without the insured’s consent.  The issue  was whether this procedure violated Haw. Rev. Stat. 431:10C-103.5 (b), which requires mutual agreement before a doctor is hired to perform an independent medical exam.  The ICA held GEICO did not violate the statute.