Hawaii Supreme Court Further Expands Duty to DefendWritten by: Bruce D. VossApril 15, 2012
The Hawaii Supreme Court has again expanded the “duty to defend” under Hawaii insurance law, finding that coverage may be triggered by a party’s routine reservation of a possible affirmative defense.
In Hart v. TICOR Title Insurance Company, the Harts filed a Land Court petition...
Bad Faith Plaintiffs Need Not Prove Economic or Physical LossWritten by: Bruce D. VossJanuary 03, 2012
In an important decision for all insurance companies doing business in Hawaii, the Hawaii Supreme Court has ruled that insureds need not prove they have suffered economic or physical loss in order to recover emotional distress damages caused by an insurance company’s alleged bad faith.
The...
2011 Legislative Roundup of New Insurance LawsWritten by: J.P. SchmidtAugust 29, 2011The Hawaii State Legislature adjourned on May 5, 2011 after passage of a number of bills affecting insurance laws, all of which have been signed into law by Governor Neil Abercrombie. Several of the new laws concern health insurance as a consequence of the federal Affordable Care Act (ACA).
HB1134...
No early warning signs for Certificates of InsuranceWritten by: Harvey J. LungJuly 30, 2011Property owners can shift the risk of loss or damage through several means, one of which is insurance. In addition to obtaining their own insurance, property owners are often protected under the insurance policy of their lessee or tenant. The property owner receives a certificate of insurance (&ld...