Insurance Law Hawaii: Representative Reported Cases and Publications

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 (9^th 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 (9^th 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 (9^th 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 (9^th 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 - http://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