Cases:

• St. Paul Fire & Marine Ins. Co. v. Bodell Construction Co., No. SCCQ-22-0000658, 2023 Haw.  LEXIS 194 (Haw. Nov. 14, 2023) – On a certified question from the federal district court, the Hawaii Supreme Court holds the insurer has no right to reimbursement of defense costs for uncovered claims

• Adams v.Hawaii Medical Services Association, 2019 Haw. LEXIS 2263 (Haw. Oct. 10, 2019) – Reversing trial court’s granting of summary judgment to insurer on bad faith claim and remanding for trial. 

• Adams v.Hawaii Medical Services Association, 2018 Haw. App. LEXIS 245 (Haw. Ct. App. June 8, 2018), cert. granted Oct. 17, 2018 – Affirming circuit court’s grant of summary judgment to the insurer and rejecting insured’s argument that denial of claim was untimely and in bad faith. 

• Medeiros v. Akahi Services, Inc., 2018 U.S. Dist. LEXIS 91202 (D. Haw. May 31, 2018) – Employer’s motion to dismiss our pro bono client’s complaint for employment discrimination granted in part, leaving intact the claim for pregnancy discrimination. Case ultimately settled. 

• State Farm Fire and Cas. Co. v. GP West, 190 F. Supp.3d 1003 (D. Haw. 2016)- Court denied insured’s motion for summary judgment and granted insurer’s motion for summary judgment, determining that under Hawaii law, there was no coverage for alleged faulty construction of veterinary clinic.

• C. Brewer and Co., Ltd. v. Marine Indemn. Ins. Co., 2015 Haw. LEXIS 62 (Haw. March 27, 2015) -Successfully defended appeal of one insurer’s attempt to deny a defense based on a designated premises endorsement.

•  C. Brewer and Co., Ltd. v. Indus. Indemn. Co, 2013 Haw. App. LEXIS 472 (Haw. Ct. App. Aug. 7, 2013) – Successful appeal reversed trial court’s decision that none of the 17 insurers owed coverage obligations.

•  Geimini Ins. Co. v. Kukui`ula Development Co., 855 F. Supp. 2d 1125 (D. Haw. 2012) – Successfully established duty to defend against three insurers.

•  Director, DOL & Indus. Relations v. Permasteelisa Cladding Technologies, 125 Haw. 223, 257 P.3d 236 (Haw. Ct. App. 2011) – Successfully defended appeal from agency action.

•  Lindsey v. Cuna Mut. Ins. Soc’y, 2010 U.S. Dist. LEXIS 116250 (D. Haw. Oct. 29, 2010) – Seeking dismissal of misrepresentation claims against insurer.

•  Stop the Beach Renourishment, Inc. v. Florida Dept. Of Environmental Protection, 130 S. Ct. 2592 (2010) – Co-Counsel on Amicus Brief.

•  Del Monte Fresh Produce (Hawaii), Inc. v. Fireman’s Fund Ins. Co., 117 Haw. 357, 183 P.3d 734 (2007) – Seeking coverage for remediation of superfund site.

•  Oden v. Northern Marianas College, 440 F.3d 1085 (9th Cir.), cert. denied, 549 U.S. 819 (2006) – Successfully represented College in student’s appeal of sexual harassment suit.

• Mikelson v. United Serv. Auto. Ass’n, 108 Haw. 358, 120 P.3d 257 (Haw. 2005) – Request for attorneys’ fees after successfully defending appeal in Mikelson v. United Serv. Auto. Ass’n, 107 Haw. 192 (Haw. 2005).

• Mikelson v. United Serv. Auto. Ass’n, 122 Haw. 393, 227 P.3d 559 (Haw. Ct. App. 2010) -Successfully defended confirmation of arbitration award.

• Mikelson v. United Serv. Auto. Ass’n, 129 Haw. 450 (Haw. Ct. App. 2013) – Defended judgment in favor of client’s award of attorney fees under Hawaii Insurance Code.

• In Re Estate of Teregeyo, 5 N. Mar. I. 90 (1997) – Successfully defended appeal challenging heir’s entitlement to land.

• Estate of De Leon Guerrero v. Quitugua, 6 N. Mar. I. 67 (2000) – Successfully defended appeal by putative heir challenging client’s entitlement to land.

• Commonwealth Development Authority v. Micronesian Yachts Co., Ltd., Commonwealth of the Northern Marianas Supreme Court, No. 95-039 (1996) – Successfully defended appeal by borrower who defaulted on loan and alleged fraud.

• Andrew v. Bowen, 873 F.2d 875 (9th Cir. 1988) – Successfully briefed and argued case reversing District Court’s denial of attorney fees to client.

• Kenaitze Indian Tribe v. State of Alaska, 860 F.2d 312 (9th Cir.), cert. denied, 491 U.S. 905 (1988) – Co-counsel on brief which successfully opposed State’s petition for certiorari regarding tribe’s subsistence fishing rights.

• In the Matter of C.C.G., 783 P.2d 1159 (Alaska 1989), cert. denied, 495 U.S. 948 (1990) – Briefed and argued appeal to Alaska Supreme Court regarding Indian Child Welfare Act.

• Degnan v. Hodel, 16 Indian Law Rptr. 3087 (D. Alaska 1989) – Successfully challenged Department of Interior’s policy of denying subsistence land applications submitted by Alaska Natives.

• George v. Hodel, 14 Indian Law Rptr. 3042 (D. Alaska 1987) – Successfully challenged Department of Interior’s denial of 97 year old Tlinget Indian man’s application for subsistence land.

• Olympic v. United States, 615 F.Supp. 990 (D. Alaska 1985) – Successfully challenged Department of Interior’s refusal to accept application for subsistence land from heirs of deceased landowner.

• Akootchook v. U.S., 747 F.2d 1316 (9th Cir. 1984), cert. denied, 471 U.S. 1115 (1985) – Represented class of claimants for subsistence land within National Wildlife Refuges. Co-counsel on Ninth Circuit briefs. Counsel of record on petition for certiorari.

Publications:

  • Author, “Cyber Heist Excluded from Coverage,” ABA Cybersecurity and Data Privacy Committee News (Winter 2023)
  • Co-Author, “When Insurer’s and the Insured’s Interests Diverge on Whether to Settle the Underlying Claim, ABA’s Coverage Journal (Fall 2022)
  • Author, “All is Not Lost for Policyholders Seeking Coverage for COVID-19 Losses” (Damon Key Legal Alert Spring/Summer 2021)
  • Co-Author, “Procedural Bad Faith – Recent Trends and Developments,” ABA’s Coverage Journal (Spring 2021)
  • Author, “Is There Direct Physical Loss Under a Property Policy When COVID-19 is Present?,” (Damon Key Legal Alert Update March 2020)
  • Author, “Insurance Coverage and COVID-19,” (Damon Key Legal Alert Update March 2020)
  • Author, “Insurance Companies and Climate Change,” (Damon Key Legal Alert Summer 2019)
  • Co-Author, “Coverage Issues for Climate Change Claims,” ABA’s Coverage Journal Spring 2018)
  • Co-Author, “See Around the Cyber Corner: What’s Next for Cyber Liability Policies?”, ABA’s Coverage Journal (Spring 2018)
  • Co-Author, “To Settle or Not to Settle? Bad-Faith Implications in Resolving Underlying Actions,” ABA’s Coverage Journal (Summer 2017)
  • Co-Author, “Insurance 101: Determining Whether and When the Duty to Defend Ends” (ABA’s Coverage Journal – Summer 2016)
  • Co-Author, “Determing the Number of Occurrences and Its Impact on Coverage” (ABA’s Coverage Journal – Winter 2016)
  • Author, “Construction Defect Coverage in Hawaii – A Window to the Nationwide Debate” (ABA’s Coverage Journal -Sept./Oct. 2013)
  • Author, “Group Builders Update – Divergence Between Federal and State Court Interpretations Regarding Coverage for Construction Defects” (Damon Key Legal Alert Winter/Spring 2013)
  • Author, “Owner Controlled Insurance Programs – A Help or Hindrance” (Damon Key Legal Alert Spring/Summer 2013)
  • Co-Author, Hawaii Appellate Practice Manual (Hawaii State Bar Association 2012)
  • Co-Author, “Key Issues In Hawai`i Insurance Law Answered by the Moon Court” (University of Hawai`i Law Review Summer 2011)
  • Author, “The Battle Over Coverage for Construction Defects” (Hawaii Bar Journal March 2012)
  • Author, “Hawaii Courts Adopt Middle Approach for Bad Faith Liability,” Sterling Education Services, Inc. website (July 2011)
  • Author, “Pulling for Japan – Insurance Coverage for Natural Disasters,” ABA Insurance Coverage Litigation Committee Website (May 2011)
  • Author, “Exclusions got you Down? Consider Coverage for Ensuing Losses” (Coverage – Jan./Feb. 2011)
  • Co- Author, “Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches,” 35 Vt. L. Rev. 437 (2010) (with Robert H. Thomas and Mark M. Murakami)
  • Co-author, “Getting Around LHWCA’s Exclusive Remedy Roadblock – Employee’s Claims Against Employer and Insurer for Intentional Torts” (Coverage – July/August 2010)
  • Co-author, “Hawaii Real Estate Law Manual” (Vol. II, Hawaii State Bar Association, 2010)
  • Co-author, “The Annotated Construction Law Glossary” (ABA Publishing 2010)
  • Author, “Breadth of the Flood Exclusion: A Flood is a Flood, Including, Storm Surge” (ABA Insurance Coverage Litigation Committee Hot Topics Website June 2009)
  • Co-author, “Bad Faith Insurance Claims” (Sterling Education Services, Inc. Jan. 2009)
  • Contributor,”A State-by-State Guide to Construction and Design Law” (2d. Ed. ABA Publishing 2009)
  • Co-author, “Top Nine Issues in Insurance Coverage” (Lorman Education Services Nov. 2008)
  • Co-author, “2007-2008 Construction Law Update: Case Law & Legislation Affecting the Construction Industry” (ABA Forum on the Construction Industry, Division 10 2008)
  • Contributor – Hawaii Legislative and Case Law Update for Construction Lawyer, 2006 – 2017
  • Co-author, “Insurance Law: Third Party Coverage in Hawaii” (NBI Aug. 2004)
  • Co-author, “Development of the Tort of Bad Faith” (Lorman Education Services Feb. 2005)
  • Co-author, “Development of the Tort of Bad Faith” (NBI July 2005)
  • Co-author,”Development of the Tort of Bad Faith” (Lorman Education Services Feb. 2006)
  • Co-author, “Emerging Insurance Issues” (Hawaii State Bar Journal Feb. 2007)
  • Author, Insurance Blog – https://insurancelawhawaii.com
  • Guest blogger, LexisNexis Insurance Law Center, Top 50 Blogger Series, http://law.lexisnexis.com/practiceareas/Insurance-Law
  • Contributor, “Are You Covered,” online publication of ABA Section of Litigation, Insurance Coverage Litigation Committee