Dines v. Pacific Ins. Co., Ltd.

RAMIL, Justice,

dissenting, with whom MOON, Chief Justice, joins.

Because the majority’s analysis ignores fundamental tenets of statutory construction *336and circumvents the clear legislative intent to generally exempt motorcycle operators from Hawaii’s motor vehicle no-fault laws, I respectfully dissent. For over a decade, since the time that Hawaii first adopted a no-fault system, the legislature has wrestled with the issue of whether motorcycles and .motor scooters should be exempted from Hawaii’s motor vehicle no-fault laws which encompass both required and optional insurance provisions, including uninsured motorist (UM) coverage. Finally, in 1985, the legislature chose to remove motorcycles and motor scooters from Hawaii’s motor vehicle no-fault laws and thereafter formulated a separate insurance rating system which is codified in Hawaii Revised Statutes (HRS) article 431:10G (Supp.1992). However, today, the majority has effectively invalidated this legislative action as a result of which automobile insurers will now have to subsidize the higher personal injury claims of motorcyclists in the form of higher automobile insurance premiums.

I. RULES OF STATUTORY CONSTRUCTION

As distinct from the legislative branch, the basic role of the judiciary is to interpret and apply the laws enacted by the legislature. Accordingly, in interpreting statutes, the first cardinal rule of statutory construction is that “legislative enactments are presumptively valid and should be interpreted in such a manner as to give them effect.” Richardson v. City and County of Honolulu, 76 Hawai'i 46, 54, 868 P.2d 1193, 1201 (citation, internal quotation marks, and internal brackets omitted), reconsideration denied, 76 Hawai'i 247, 871 P.2d 795 (1994). Absent any constitutional obstacles in applying the law, this court’s function is “to ascertain and give effect to the legislature’s intention to the fullest degree.” Sol v. AIG Hawaii Ins. Co., 76 Hawai'i 304, 307, 875 P.2d 921, 924 (citation and internal quotation marks omitted), reconsideration denied, 76 Hawai'i 353, 877 P.2d 890 (1994). “Courts cannot amend statutes in the guise of interpreting them, and they must presume that [the legislature] meant what it said.... Only unmistakable support in the history and structure of the legislation can justify a rejection of otherwise unambiguous language.” Richardson, 76 Hawai'i at 57, 868 P.2d at 1204 (citation and internal quotation marks omitted).

In other words, when faced with a valid statute, this court is bound to interpret and apply the statute in a manner consistent with the purpose and policies determined by the legislature when it enacted that particular law. Accordingly, because the majority’s analysis ignores clear statutory language and legislative intent to generally exempt motorcycle operators from Hawaii’s motor vehicle no-fault laws, I would affirm the circuit court’s order denying Dines’s petition to compel arbitration.

II. DISCUSSION

The majority argues that “[t]he outcome of Dines’s appeal turns on whether, under Hawaii law, a named insured under an automobile liability insurance policy, who is injured by a hit-and-run driver,1 can be entitled to UM benefits thereunder when the named insured is operating a motorcycle at the time of the accident.” Majority opinion at 326, 893 P.2d at 177 (emphases in original). The majority correctly states: (1) that HRS § 431:10C-301(b)(3) (Supp.1992) governs the UM coverage under the Pacific automobile policy; (2) that this statute is remedial and “[should] be construed liberally in order to accomplish the purpose for which it was enacted”; and (3) that “UM coverage follows the insured’s person,” i.e., the named insured. Majority opinion at 327-328, 893 P.2d at 178-179 (quoting Flores v. United Air Lines, Inc., 70 Haw. 1, 12, 757 P.2d 641, 647 (1988) (internal quotation marks omitted) and Dawes v. First Ins. Co. of Hawai'i, Ltd., 77 Hawai'i 117, 123, 883 P.2d 38, 44, reconsideration denied, 77 Hawai'i 489, 889 P.2d 66 (1994)).

However, relying primarily on HRS § 431:10C-301(b) and the above applicable legal principles, the majority erroneously concludes that Dines, a named insured under *337the automobile policy, is legally entitled to UM coverage no matter where he was injured, “whether injury ocemfed] while [Dines was] (a) occupying an insured motor vehicle, (b) occupying an uninsured but owned motor vehicle[,] (e) occupying an unowned motor vehicle, (d) on a motorcycle, (e) on a bicycle, (f) on horseback, (g) on a pogo stick, (h) on foot, or (i) in a rocking chair on a front porch.” Majority opinion at 328, 893 P.2d at 179 (citations omitted) (emphasis added).

A. Limitation On The Rule Of Liberal Construction

Although remedial statutes are to be construed liberally, this rule of liberal construction is not boundless and should not override other rules of statutory construction “where its application would defeat the intention of the legislature or the evident meaning of an act.” Sutherland Statutory Construction § 60.01 (5th ed. 1992) (footnote omitted). Statutory construction dictates that an interpreting court should not fashion a construction of statutory text that effectively renders the statute a nullity or creates an absurd or unjust result. Richardson, 76 Hawai'i at 60, 868 P.2d at 1207. It goes without saying that a legislature does not go through the enactment process to accomplish absolutely nothing.

B. HRS Article i31:10G And Relevant Legislative History

Here, HRS article 431:10G (Supp.1992), entitled Motorcycle and Motor Scooter Insurance, sets forth separate and distinct statutes applicable only to motorcycle and motor scooter insurance, including inter alia, its own provision for determining motorcycle and motor scooter insurance rates. In enacting article 10G, the legislature removed motorcycles and motor scooters from Hawaii’s motor vehicle no-fault laws, including the provisions governing UM coverage. However, ignoring the clear legislative intent behind this statute, the majority erroneously contends that nothing in HRS § 431:10G diminishes or restricts an insurer’s contractual obligation to accord a named insured full UM coverage under an automobile policy pursuant to HRS § 431:10C-301(b). Majority opinion at 330, 893 P.2d at 181.

To fully understand the purpose underlying article 10G, we begin with a thorough historical examination of Hawaii’s motorcycle and motor scooter insurance provisions. Prior to the enactment of Hawaii’s motor vehicle no-fault laws in the early seventies, motorcyclists and motorcycle dealers opposed the inclusion of motorcycles in the motor vehicle no-fault laws citing the negative effect on the motorcycle premium rates as a justification for the exclusion. Additionally, they maintained that because other no-fault States excluded motorcycles, so should Hawaii. Susan K. Claveria, Motorcycles Under The Hawaii No-Fault Law 1 (1984) (a report submitted to the legislature pursuant to House Resolution No. 391 adopted during the Regular Session of 1983). Despite this strong lobbying effort by motorcyclists and motorcycle dealers, the legislature included motorcycles under the scope of Hawaii’s motor vehicle no-fault laws. Id. However, because motorcycle insurance rates were subject to greater increases over the years, the movement for the exclusion of motorcycles was revived. Id.

1.

In 1985, the state senate introduced Senate Bill No. 309 to “remove motorcycles and motor scooters from the requirements of Chapter 294” (hereafter also cited as Hawaii’s no-fault laws). Sen.Conf.Comm.Rep. No. 49, in 1985 Senate Journal, at 876. In Senate Conference Committee Report No. 49 (1985), the legislature commented:

This bill would allow persons to operate motorcycles and motor scooters on public streets without the necessity of obtaining and maintaining no-fault motor vehicle insurance. However, in order to afford protection to the general public from the negligent or reckless operation of motorcycles and motor scooters, the bill would require insurance coverage for bodily injury to others ... and property damage insurance. ...
In effect, the bill would allow persons to operate motorcycles and motor scooters without insurance coverage for personal *338injuries to themselves, or for their wage loss or medical expenses. Further, an owner or operator of a motorcycle or motor scooter who is involved in an accident with an insured motor vehicle would not be able to collect no-fault benefits from the insurer of the insured motor vehicle.
Your Committee recognizes the problem faced by owners and operators of motorcycles and motor scooters with respect to high no-fault insurance premium rates. This bill is intended to afford some measure of relief to such persons.

Id. (emphasis added). See Hse. Conf.Comm.Rep. No. 49, in 1985 House Journal, at 925.

• Motorcyclists and motorcycle dealers lobbied strongly for the passage of this bill. They cited that the inclusion of motorcycles in Hawaii’s motor vehicle no-fault program resulted in, inter alia, the marked increase in motorcycle insurance premiums, a shrinking market for motorcycle insurance, motorcycles being priced out of the reach of most consumers, and a growing number of persons operating motorcycles with no insurance coverage at all. See Senate Committee on Consumer Protection on Senate Bill 309, 13th State Legis., Regular Session (1985) (testimony of Leroy Hensley of Street Bikers United; A1 Montgomery, President of Montgomery Motors, Ltd.; and John Connolly, Vice President of Yamaha of Hawaii).

In testimony supporting Senate Bill No. 309, the Hawaii Business League summarized problems associated with including motorcycles in Hawaii’s motor vehicle no-fault system. Citing to a Hawaii no-fault study, entitled Review Of The Hawaii No Fault Law, the Hawaii Business League stated:

[W]e believe the study ... by Tillinghast entitled, “[Review Of The Hawaii No Fault Law]” points out that the no fault insurance system has worked against motorcycles. They are actually being discriminated against. According to the report, the insurance rates for property damage coverage has [sic] increased more than personal injury coverage. This by itself is discriminatory to motorcycle riders inasmuch as their property damage is generally much smaller, however they do have higher personal injury claims.
The consultant also notes that in 1981, they cautioned that open competition in Hawaii’s automotive insurance industry could have the potential of losing it’s [sic] effectiveness towards the regulations of rates for “particular market segments where carriers are not interested in actively writing business.” Unfortunately, this is the case with carriers and the motorcycle industry, although there is a “take all comers” provision. Recent surveys by motorcycle dealers have revealed that very few of the carriers will provide quotes or at least realistic quotes.
We find [bill 309] desirable, inasmuch as the consultant points out that our current no fault law contains a provision that reimburses the insurer of a light weight vehicle when it collides with a heavier vehicle. This clause would apply to motorcycles. Amazingly enough we find that only $250,-000 per year is paid for these kinds of cases. It would appear then that the majority of accidents incurred by motorcycles are single motorcycle accidents and, therefore, we are not dealing with the same type of situation for which no fault was enacted. If the individual is going to have an accident and it is a single vehicle accident, they should be provided with this option, since it affects no one but themselves.

Senate Committee on Consumer Protection on Senate Bill 309, 13th State Legis., Regular Session (1985) (testimony of Tim Lyons, Executive Vice President of The Hawaii Business League) (emphases added). See Review Of The Hawaii No Fault Law 12-16, 24-25 (1985).

In addition, the House heard testimony of those expressing the concerns with Senate Bill No. 309 regarding the following:

(1) maintaining the threshold amount under no-fault insurance for operators of motor vehicles, as well as for operators of motorcycles and motor scooters; (2) preventing operators of motorcycles or motor scooters from submitting claims under any no-fault policy when said operator is involved in an accident; (3) precluding owners or operators of motorcycles and motor *339scooters from claiming no-fault benefits as pedestrians, or under the assigned claims program of the Hawaii Joint Underwriting Plain; and (4) maintaining the consistency of Chapter 29f Hawaii Revised Statutes, by completely deleting all reference to motorcycles and motor scooters.

Hse.Stand.Comm.Rep. No. 908, in 1985 House Journal, at 1441 (emphasis added). Responding to these concerns, but recognizing that the purpose of the bill was to “remove motorcycles and motor scooter owners from [Hawaii’s motor vehicle no-fault laws],” the House amended bill No. 309 by, inter alia: (1) including a provision stating that “the owner or operator of a motorcycle or motor scooter will not be exempt from Section 294-6” which sets the threshold amount for tort liability for operators of motorcycles and motor scooters; (2) precluding an owner or operator of a motorcycle or motor scooter from receiving no-fault benefits as a pedestrian; (3) precluding the operator of a motorcycle or motor scooter from receiving any benefits under any no-fault policy; and (4) deleting other provisions to exclude motorcycles and motor scooters from Hawaii’s motor vehicle no-fault laws. Id.

Meanwhile, the Senate was concerned with: (1) keeping no-faült coverage intact in cases where a motorcycle rider strikes a. pedestrian, or a passenger is injured; (2) continuing coverage for property damage and personal injury liability for pedestrians and riders as in no-fault; and (3) maintaining the threshold amount, under no-fault insurance, for those pedestrians or passengers injured by a motorcycle rider. Sen. Stand.Comm.Rep. No. 688, in 1985 House Journal, at 1181. Also recognizing that “the purpose of the bill was to remove motorcycle and motor scooter operators from [Hawaii’s motor vehicle no-fault laws],” the Senate amended the bill by, inter alia, adding the following provision: “in case of accidental harm arising out of a motorcycle or motor scooter accident to any passenger of said motorcycle or motor scooter, or any pedestrian, motorcycles and motor scooters will not be exempt from sections 294-4, 294-6, and 294-10, Hawaii Revised Statutes.” Id.

Pondering over the long debated issue regarding the inclusion of motorcycles and motor scooters in Hawaii’s motor vehicle no-fault laws and weighing the concerns of all parties involved, the legislature amended the no-fault laws and enacted HRS § 294-12.6 (1985) which states in relevant part:

Motorcycles and motor scooters excluded from chapter.
(a) All motorcycles and motor scooters required to be registered under this chapter 286 [Highway Safety] shall be exempt from chapter 294 [Hawaii’s motor vehicle no-fault laws]; provided that:
(1) No person shall drive a motorcycle or motor scooter upon any public street, road, or highway of this State at any time unless such vehicle is insured at all times under a liability insurance policy as provided in this section [294-12.6(b) ].
(2) In the case of accidental harm arising out of a motorcycle or motor scooter accident to any passenger of said motorcycle or motor scooter, or any pedestrian, motorcycles and motor scooters will not be exempt from sections 294-4, 294-6, and 294-10; and
(3) In the case of accidental harm arising out of an accident involving a motorcycle or motor scooter and a motor vehicle, the owner or operator of a motorcycle or motor scooter will not be exempt from section 294-6....

(Emphases added.) Based on the foregoing legislative history and the plain language of HRS § 294-12.6, the legislature clearly intended to remove motorcycles and motor scooters completely from Hawaii’s motor vehicle no-fault laws, except in limited circumstances specifically set forth in § 294-12.6.2

*3402.

In 1987, the State Insurance Commissioner proposed to recodify all statutes relating to insurance into one chapter of HRS to be known and cited to as the “Insurance Code.” See Sen.Stand.Comm.Rep. No. 848, in 1987 Senate Journal, at 1254. The legislature responded to this proposal by enacting Act 347 of 1987 that repealed many chapters in HRS and consolidated them under HRS chapter 431. 1987 Haw.Sess.L.Act 347.

In recodifying the insurance statutes, the legislature “declare[d] that the purpose of this chapter is to recodify, without substantive change, the insurance law in effect immediately prior to [July 1,1988,] the effective date of this chapter.” HRS § 431:1-100.5 (1987 Spec.Pamphlet) (emphasis added).

Hawaii’s no-fault laws, codified in Chapter 294, were among the repealed chapters. However, the legislature recodified these laws in article 10C of the Insurance Code, known and cited as “Hawaii Motor Vehicle Insurance Law.” HRS § 431:100-101 (1987 Spec.Pamphlet). In addition, the legislature combined the motor vehicle no-fault laws codified in chapter 294 (1985) with other no-fault laws such as the UM coverage provisions codified in HRS § 431-448 (1985) into one article, HRS article 10C. See HRS § 431:10-301 (1987 Spec.Pamphlet).

However, instead of codifying the exemption of motorcycles and motor scooters from Hawaii’s motor vehicle no-fault laws in one statute as in HRS § 294-12.6, the legislature chose to set forth a separate part governing only motorcycles and motor scooters in article 10C, part V, entitled Motorcycles and Motor Scooters. Like chapter 294, article 10C, part V, also sets forth a specific provision removing motorcycles and motor scooters, with limited exceptions, from Hawaii’s motor vehicle no-fault laws. HRS § 431:10C-501 states in relevant part:

Motorcycles and motor scooters excluded from article.
(a) All motorcycles and motor scooters required to be registered under chapter 286 [Highway Safety] shall be exempt from this article [Hawaii’s motor vehicle no-fault laws]; provided that:
(1) No person shall drive a motorcycle or motor scooter upon any public street, road or highway of this State at any time unless such vehicle is insured at all times under a liability insurance policy as provided in section 431:100-503; and
(2) In the case of accidental harm arising out of a motorcycle or motor scooter accident to any passenger of such motorcycle or motor scooter, or any pedestrian, motorcycles and motor scooters shall not be exempt from section 431:100-301, section 431:100-304, and section 431:100-306;
(3) In the case of accidental harm arising out of an accident involving a motorcycle or motor scooter and a motor vehicle, the owner or operator of a motorcycle or motor scooter shall not be exempt from section 431:100-306.

(Emphases added.) In light of the plain language of this statute and its relevant legislative history, the repeal of chapter 294, specifically HRS § 294-12.6, had absolutely no effect in altering or modifying the legislature’s decision to remove motorcycles and motor scooters from Hawaii’s no-fault laws. Most importantly, by enacting HRS § 431:100-501, the legislature unambiguously exempted, with limited exceptions, motorcycles and motor scooters from article 10C including the provisions relating to UM coverage; and therefore, “[this court] must pre*341sume that [the legislature] meant what it said....” Richardson, 76 Hawai'i at 67, 868 P.2d at 1204 (citation and internal quotation marks omitted).

3.

In 1989, the legislature repealed HRS article 10C, part V, and recodified the motorcycle and motor scooter insurance provisions in HRS article 10G, entitled Motorcycle And Motor Scooter Insurance. The legislature expressed that the purpose of enacting article 10G was to “clarify the laws regulating motorcycle and motor scooter insurance” and essentially “protect the rights of operators and insurers alike.” Sen.Stand.Comm.Rep. No. 790, in 1989 Senate Journal, at 1103. See Hse.Stand.Comm.Rep. No. 1262, in 1989 House Journal, at 1306-07 (stating article 10G would “[cjlarify the general inapplicability of the no-fault law to motorcycles and motor scooters”).

Because the legislature had already chosen to exempt motorcycles and motor scooters from HawaiTs motor vehicle no-fault laws which includes UM coverage and because article 10G only intended to clarify this policy decision, the legislature was not obligated to enact superfluous language to explain that, except as otherwise provided, HawaiTs no-fault laws as codified in article IOC were inapplicable to motorcycles and motor scooters. The general inapplicability of 10C, ie., HawaiTs motor vehicle no-fault laws, to motorcycles and motor scooters is self-evident in light of the fact that the legislature went out of its way to enact a new statutory scheme, ie., article 10G, for motorcycle and motor scooter insurance. Just as articles 10A (Accident And Sickness Insurance Contracts), 10B (Credit Life Insurance and Credit Disability Insurance), 10D (Life Insurance And Annuities), 10E (Property Insurance), and 10F (Surety Insurance) are generally inapplicable to article 10C (Motor Vehicle Insurance), article 10C is also inapplicable to article 10G (Motorcycle And Motor Scooter Insurance), except to the extent specifically provided.

In addition to going out of its way to enact a special article for motorcycles and motor scooters, the legislature went through the complex and intricate process of developing a separate insurance rating system for motorcycles and motor scooters. See HRS § 431:10G-201 (Supp.1992). Rate-making based on groups with similar risks is a fundamental method that insurance companies utilize to fairly and effectively spread the costs of the risk among those with similar risks.3 Indeed, in adopting a separate rating system, the legislature recognized that motorcycles and motor scooters pose risks distinct from their automotive counterparts. First, motorcycle accidents generally result in much smaller property damage; however, they do have higher personal injury claims because they are less protected on roadways. See Senate Committee on Consumer Protection on Senate Bill 309, 13th State Legis., Regular Session (1985) (testimony of Tim Lyons, Executive Vice President of The Hawaii Business League). Second, the majority of accidents appear to be single vehicle accidents and, consequently, are not the same *342type of situations, i.e., two vehicle accidents, for which no-fault was generally enacted to insure. See id.

In light of the abundant amount of history evidencing the legislative intent to remove motorcycles and motor scooters from Hawaii's motor vehicle no-fault laws, the majority’s comment seems untenable when it asserts that nothing in HRS § 431:10G diminishes or restricts an insurer’s contractual obligation to accord a named insured full UM coverage under an automobile policy pursuant to HRS § 431:10C-301(b). Majority opinion at 330, 893 P.2d at 181. The legislative history clearly indicates that Hawaii’s motor vehicle no-fault laws which include provision for UM coverage does not cover accidental injuries suffered by persons operating a motorcycle or motor scooter. Although the legislature repealed HRS § 294-12.6 in 1985 and repealed HRS § 431:10C-501 in 1989, the legislative intent to generally exempt motorcycles and motor scooters from Hawaii’s motor vehicle no-fault laws survives today in HRS chapter 431:10G.

C. Overruling Ragil Was Wrong.

The majority overrules National Union Fire Insurance Co. v. Ragil, 72 Haw. 205, 811 P.2d 473 (1991). The majority argues that by focusing solely on distinct statutory mechanisms for insuring motor vehicles and motorcycles, the Ragil court lost sight of two central rules of statutory construction: (1) laws in pari materia shall be construed with reference to each other; and (2) statutory language must be read in the context of the entire statute and construed in a manner consistent with the purpose of the statutes. Majority opinion at 331, 893 P.2d at 182 (citing Richardson, 76 Hawai'i at 55, 868 P.2d at 1202 and Methven-Abreu v. Hawaiian Ins. & Guar. Co., 73 Haw. 385, 392-93, 834 P.2d 279, 284, reconsideration denied, 73 Haw. 625, 838 P.2d 860 (1992)). Moreover, the majority states that:

[i]t is a cardinal rule of statutory construction that courts are bound, if rational and practicable, to give effect to all parts of a statute[, a fortiori an article,] and no clause, sentence, or word shall be construed as superfluous, void, or insignificant if construction can legitimately be found which will give force to and preserve all the words of the statute.

Majority opinion at 331, 893 P.2d at 182 (quoting Methven-Abreu, 73 Haw. at 392-93, 834 P.2d at 284 (citation omitted)) (emphasis added).

However, despite their awareness of this cardinal rule, the majority completely disregards it and adopts a construction of HRS § 431:10C-301(b) that effectively renders article 10G a nullity. For example, the majority states that a person with an insurable interest in only a motorcycle is in a “very different position” from a named insured under an automobile policy pursuant to HRS § 431:10C-301(b), who happens to operate a motorcycle. Majority opinion at 331, 893 P.2d at 182. The majority suggests on one hand that a person with only an insurable interest in a motorcycle could only obtain UM coverage through a motorcycle insurance policy issued pursuant to HRS ch. 431:10G. Id. On the other hand, the majority argues that a named insured under an automobile policy could obtain similar UM coverage through his or her automobile insurance because UM coverage follows the person. Id.

This line of argument renders article 10G insignificant because it seemingly limits article 10G to consumers whose only insurable interest is a motorcycle or motor scooter. Because most motorcyclists also own a motor vehicle, the majority would seem to imply that the legislature went out of its way to enact a special article for motorcycle and motor scooter insurance and a separate rating system for only a small handful of consumers whose only insurable interest is a motorcycle. See Susan K. Claveria, Motorcycles Under The Hawaii No-Fault Law 12 (1984) (stating that of registered motorcyclist who responded to her survey, 84.3% reported owning a motor vehicle with four or more wheels).

Contrary to the majority opinion, the court in Ragil was absolutely correct when it concluded that the legislature drew a distinction between motorcycles and motor vehicles and, therefore, exempted motorcycles, with limited exceptions, from Hawaii’s motor vehicle no-fault laws. Ragil, 72 Haw. at 210, 811 P.2d at 476. The Ragil court stated that:

*343The rationale behind this disparate treatment of motorcycles and motor vehicles is obvious. Motorcycle riders consent to an inherently more dangerous risk because they are less protected on the roadways than those in automobiles. This greater risk is reflected in the higher premiums they must pay for insurance.

Id. at 215, 811 P.2d at 478.

The majority’s analysis completely disregards the distinct risk pools recognized by the legislature when it enacted a separate insurance rating system in HRS § 431:10G-201. See supra at 331-332, 893 P.2d at 182-183. Under the majority’s analysis, automobile insurers whose risks are distinct from a motorcyclist will now Rave to subsidize the higher personal injury claims of motorcyclists in the form of higher automobile insurance premiums.

Based on the foregoing, it is apparent that the legislature did not go through the trouble of enacting a separate rating system for motorcycles and motor scooters to accomplish absolutely nothing. Therefore, contrary to the majority opinion, it is the majority, not the court in Ragil, who has lost sight of the rules of statutory construction. Majority opinion at 331, 893 P.2d at 182.

D. The Majority Misapplies The Rule Of Liberal Construction.

The majority’s position is evidently based on the mistaken belief that the rule of liberal construction applied to HRS § 431:10C-301(b) means UM benefits follow the person no matter where he or she is injured, even if he or she is injured while operating a motorcycle.

However, as stated supra at 337, 893 P.2d at 188, the rule of liberal construction is not boundless and should not override other rules of statutory construction “where its application would defeat the intention of the legislature or the evident meaning of an act.” Sutherland Statutory Construction § 60.01 (5th ed. 1992) (footnote omitted).

The majority misapplies the rule of liberal construction thereby frustrating the legislature’s intent. Therefore, because the majority erroneously concludes that UM coverage follows a person while operating a motorcycle or motor scooter that is directly contrary to legislative intent, the majority’s opinion today amounts to no more than judicial legislation.

III. CONCLUSION

Accordingly, because the legislature intended to exempt motorcycles from Hawaii’s motor vehicle no-fault laws,, this court should hold that the legislature likewise did not extend motor vehicle UM coverage to an insured who is injured while operating a motorcycle. Thus, because Hawaii’s motor vehicle no-fault laws clearly exclude UM coverage from motorcycles, I would affirm the circuit court’s order denying Dines’s petition to compel arbitration.

. Dines allegedly lost control of his motorcycle when a driver of an unidentified automobile failed to yield the right-of-way at an intersection.

. Although UM coverage is generally considered part of Hawaii’s motor vehicle no-fault laws, the provision governing UM coverage was not located in chapter 294 when the legislature enacted HRS § 294-12.6. In 1985, UM coverage was governed by HRS § 431-448 (1985), which provided in relevant part:

Automobile liability; coverage for damage by uninsured or underinsured motor vehicle, (a) No automobile liability or motor vehicle liability policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance, or use of a motor *340vehicle, shall be delivered, issued for delivery, or renewed in this State, with respect to any motor vehicle registered or principally garaged in this State, unless coverage is provided therein or supplemental thereto, in limits for bodily injury or death set forth in section 287-7, under provisions filed with and approved by the insurance commissioner, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness, or disease, including death, resulting therefrom, provided that the coverage required under this section shall not apply where any insured named in the policy shall reject the coverage in writing.

UM provisions were not incorporated with the other no-fault laws codified in chapter 294 until 1977. In 1977, the legislature recodified all statutes relating to insurance into one chapter and incorporated the no-fault laws in chapter 294 and provisions relating to UM coverage into one article, HRS article 10C. See. HRS § 431:10-301 (1987 Spec.Pamphlet).

. According to Professor William R. Vance of the Yale Law School,

The general purpose of the business of insurance is then to distribute, as directly and effectively as possible, the risks of loss from any of the innumerable perils that beset the person who is active under the conditions of modem life among a large number of those who are exposed to similar perils. Thus, for example, by the operation of a vast number of insurance contracts made with numerous insurance companies, most losses suffered in connection with maritime ventures because of perils of the sea are directly distributed among the marine adventurers who are insured. The premium paid by the adventurer measures his distributive share of the risk. The cost of this distributive risk-bearing, that is, the insurance premium, is added to the cost of carrying on the business incurred, and, by a process of price adjustment, in ever widening circles indirectly distributed through the community. The direct and immediate benefit to the individual is his ability to calculate the burden of his risk. If his venture escapes the perils to which it is exposed, he must nevertheless bear his share, in the form of a premium payment, of losses suffered by his less fortunate fellows. If he himself is unfortunate, his loss is made up to him from the contributions of others, and the burden of his risk-bearing remains still limited to his distributive share measured by the premiums paid.

William R. Vance, Handbook on the Law of Insurance 4 (3d ed. 1951).