A commentary on insurance coverage issues in Hawaii and beyond
Portions of a class action filed against United Services Auto Association and three of its subsidiaries for charging excess premiums during the COVID-19 pandemic survived the insurers' motion to dismiss. 2024 U.S. Dist. LEXIS 202472 (C.D. Cal. Nov. 5, 2024).
Plaintiffs alleged that a decrease in driving and automobile accidents during…
The California Court of Appeal held that because the insurer failed to send a cancellation notice to the adult child named in the auto policy as an insured, the policy remained in effect when the child was involved in an accident. Molinar v. 21st Century Ins. Co., 2024 Cal. App LEXIS 124…
The Ninth Circuit affirmed the district court's ruling against the insured and imposed sanctions on the insured's lawyer for pursuing a coverage argument the court had previously rejected. Uyanik v. Wawanesa General Insurance Co., 2023 U.S. App. LEXIS 31642 (9th Cir. Nov. 30, 2023).
The Ninth Circuit affirmed dismissal of…
The federal district court granted the insurer's motion for summary judgment deciding that lower policy limits for nonowners of a vehicle did not violate public policy. Talana v. Liberty Surplus Ins. Co., 2023 U.S. Dist. LEXIS 50222 (D. Haw. March 24, 2023).
Judy Talana collided with a car while operating…
The Hawaii Supreme Court has granted certiorari to hear an appeal from the Intermediate Court of Appeals decision in Carvalho v. AIG Hawaii Insurance Company, 148 Haw. 370, 477 P.3d 164 (Haw. Ct. App. 2020). A summary of the ICA decision is here. The ICA reversed the trial court's granting of summary…
The Hawaii Intermediate Court of Appeals reversed the trial court's granting of summary judgment to the insurer on the insured's bad faith claim. Carvalho v. AIG Hawaii Insurance Company, Inc., 2020 Haw. App. LEXIS 382 (Haw. Ct. App. Nov. 16, 2020).
Plaintiff Carvalho's son was killed in a two-car accident.
After the victim incurred injury inflicted by an insured party, the Alaska Supreme Court determined that the insurer owed no duty to the injured party. Martinez v. Government Employees Ins. Co., 2020 Alaska LEXIS 111 (Alaska Sept. 4, 2020).
Joshua Martinez lost control of his truck and crashed into Charles…
