A commentary on insurance coverage issues in Hawaii and beyond
The Colorado Supreme Court encountered issues regarding the insured’s duty to cooperate and the exhaustion requirements in auto policies. USAA v. Wenzell, 2026 Colo. LEXIS 283 (Colo. April 27, 2026).
In 2017, Anthony Wenzell was rear-ended while driving. He had also been involved in a more serious crash in 2014 and required back surgery.
The Hawaii Supreme Court reversed the lower courts' denial of the insured's motion for leave to amend despite its being filed several years after the initial complaint. Carvalho v. AIG Hawaii Ins. Co., 2022 Haw. LEXIS 3 (Haw. Jan. 11, 2022).
Royden Kalavi died in an auto accident on September 23, 2005. The personal…
The Kentucky Supreme Court reversed the court of appeals' affirmance of the trial court's denial of bad faith claims. Nichols v. Zurich Am. Ins. Co., 630 S.W. 3d 683 (Ky. 2021).
Miller Pipeline Corporation had a commercial fleet policy with Zurich. The policy provided UIM coverage of $1,000,000.
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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.
Punitive damages that were reduced by the trial court to $1 million fro $4 million were affirmed by the appellate court. Mazik v. Geico Gen. Ins. Co., 2019 Cal. App LEXIS 454 (Cal. Ct. App. May 17, 2019).
Mazik was injured in a serious auto accident. He was diagnosed with…
The Hawaii Intermediate Court of Appeals (ICA) ruled in favor of the insurer in deciphering the policy's UIM coverage. Kohatsu v. State Farm Mut. Auto. Ins. Co., 2017 Haw. App. LEXIS 388 (Sept. 29, 2017).
The insureds were in an automobile accident, which resulted in a $300,000 settlement with the…
Brown was injured when a passenger in a car on Kauai. See Brown v. Progressive Direct Ins. Co., 2010 Haw. App. LEXIS 211 (Haw. Ct. App. May 5, 2010). The driver of the vehicle in which Brown rode was uninsured. The driver of the second vehicle involved in the accident fled the accident scene.
At…
On its third trip to the Hawai`i appellate courts, the decision in Mikelson v. United Services Automobile Assoc., No. 28332 (Haw. Ct. App. March 24, 2010)(opinion here) addressed whether the Circuit Court's confirmation of the arbitration award was appropriate when the insurer had already paid the arbitration award. (Disclosure – our…
By statute, Hawai`i allows a party who successfully sues the insurer for benefits to recover reasonable attorney fees. Haw. Rev. Stat. 431:10-242. In Riordan v. State Farm Mut. Auto. Ins. Co., No. 08-35874, 2009 U.S. App. LEXIS 26888 (9th Cir. Dec. 10, 2009), the court determined that Montana case law also allows the…
Uninsured-motorist coverage after the insured died in an auto accident was the issue in Estate of Anderson v. Safeco Ins. Co. of Illinois, No. 08-3452 (8th Cir. May 29, 2009) [here].
Anderson was riding in a car driven by his ex-wife when flood water swept the car off a driveway. Anderson died after being…
