The Hawaii Intermediate Court of Appeal agreed that the insured had entered an enforceable settlement with his insurer regarding a coverage dispute. Flowers v. United Services Automobile Assoc., No. 30085, Summary Disposition Order (Haw. Ct. App. May 17, 2013). [Order here].
The insured made a claim under his renter's insurance policy with USAA when certain household items were lost during the insured's move to Australia. The parties could not reach agreement on the adjustment of these claims. The insured sue for breach of contract and bad faith. The trail court granted summary judgment to USAA.
We posted on this case here, after the ICA vacated and remanded the case because material issues of fact existed regarding whether USAA breach the policy and acted in bad faith. Upon remand, the parties met with the Circuit Court in a settlement conference. The transcript showed that the insured agreed to settle the case for $5000, but then refused to sign the settlement agreement and the stipulation of dismissal. The Circuit Court issued an order to enforce the settlement agreement.
On this second appeal, the ICA agreed a settlement had been entered, resolving everything in the case. Further, the Circuit Court had jurisdiction to enter an order to enforce the settlement agreement. The ICA had previously vacated the judgment and order granting summary judgment, and remanded the case for further proceedings consistent with its opinion. Enforcing a settlement agreement which disposed of the entire case was not inconsistent with that mandate. The insured's challenge to the Circuit Court's jurisdiction was without merit.