Practitioners have noticed, and have been puzzled by, a schism in the Supreme Court of Hawai`i’s rulings on attorneys’ fees in bad faith actions. At least one case held that a bad faith action was in the nature of assumpsit and, thus, awarded fees to the insurer from the insured. Six months later, another case
Bad Faith
Bad Faith Failure to Investigate
By Tred R. Eyerly on
The California Supreme Court decided a bad faith case last week. See Wilson v. 21st Century Ins. Co., No. S 141790 (Cal. Sup. Ct. Nov. 29, 2007). In Wilson, eight months after the plaintiff policy holder was injured, the insurer rejected her demand for payment of the $100,000 policy limit on her
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