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Insurance Law Hawaii

A commentary on insurance coverage issues in Hawaii and beyond

Title Insurance

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Hawaii Federal District Court Denies Title Insurer’s Motion for Summary Judgment

By Tred R. Eyerly on January 19, 2022

    In a rare title insurance dispute before the federal district court in Hawaii, the court denied the insurer's motion for summary judgment while granting the insured's motion for summary judgment. First  Am. Title Ins. Co. v. GS Industries, LLC, 2021 U.S. Dist. LEXIS 240601 (D. Haw. Dec. 16, 2021).

    GS Industries…

Posted in Title Insurance

Title Insurer Breaches Duty to Defend in Bad Faith

By Tred R. Eyerly on June 15, 2020

    The Washington Supreme Court found that a title insurer breached its duty to defend when it was discovered that a Native American tribe had rights to access the land under a treaty with the State of Washington. Robbins v. Mason County Title Insurance Co., 2020 Wash. LEXIS 288 (Wash. May 7, 2020).…

Posted in Duty to Defend, Title Insurance

Determination That Title Insurer Did Not Act in Bad Faith Vacated and Remanded

By Tred R. Eyerly on February 10, 2016

   In an important decision regarding bad faith and the application of the work product doctrine to work performed by an insurer's in-house counsel, the Hawaii Supreme Court vacated the Intermediate Court of Appeals's upholding the trial court's award of summary judgment to a title insurer on the issue of bad faith. Anastasi v. Fid. …

Posted in Bad Faith, Title Insurance

Hawaii Court of Appeals Remands Bad Faith Claim Against Title Insurer

By Tred R. Eyerly on January 14, 2015

    The Hawaii Intermediate Court of Appeals (ICA) vacated the trial court's issuance of summary judgment to the title insurer on a bad faith claim and remanded the case. Anastasi v. Fidelity Nat. Title Ins. Co., 2014 Haw. App. LEXIS 585 (Haw. Ct. App. Dec. 30, 2014).

   Fidelity issued a title insurance policy to…

Posted in Bad Faith, Title Insurance

Hawaii Supreme Court Reaffirms Insurer’s Duty to Defend

By Tred R. Eyerly on April 2, 2012

   Although it did not break new ground, the Hawaii Supreme Court reaffirmed its strong commitment to the insurer's duty to defend in Hart v. Ticor Title Ins. Co., 2012 Haw. LEXIS 83 (Haw. March 27, 2012).

   The Harts owned two lots in Ewa Beach. They purchased a title insurance policy from TICOR…

Posted in Duty to Defend, Title Insurance

Guest Post On Title Insurance

By Tred R. Eyerly on February 21, 2011

   Today, we link to a guest post from DoorFly.com addressing the need for title insurance.  The link to the full post is http://blog.doorfly.com/articles/2011/what-is-title-insurance-and-why-do-we-need-it/.  [post here].

   By way of introduction, the post explains:

If you’ve ever bought a home or a piece of real estate, you have probably heard the term title insurance

…

Posted in Administrative, Title Insurance
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