How often does a court take on the doctrine of uberrimae fidei?  The Hawaii appellate courts have never confronted uberrimae fidei.  The Ninth Circuit, however, has addressed the doctrine twice in a little more than a month.  We addressed in a prior post the Ninth Circuit’s prior handling of the …

     The Big, Bad Bear of Wall Street disintegrated earlier this week.  Shortly before its demise, the Bear suffered a significant insurance loss at the hands of the New York Court of Appeals.  Vigilant Ins. Co. v. The Bear Stearns Companies, Inc., No. 25 (N.Y. March 13, 2008).

     You may recall …

     The Hawaii Intermediate Court of Appeals previously held an insurer faces a difficult burden justifying on summary judgment a denial of coverage due to incorrect information stated in an insurance application.  See First Ins. Co. of Hawaii, Ltd. v. Sariaslani, 80 Haw. 491, 911 P.2d 126 (Haw. Ct. App. 1996).  The ICA …

     As a former resident of Alaska, I keep close tabs this time of year on the progress of the Iditarod, a sled dog race from Anchorage to Nome, covering 1100 miles.  Six days into the race, the leaders reached Cripple, Alaska today, the halfway point.

     I cannot think of a Hawaii …

     A recent post noted the Hawaii legislature’s resurrection of the medical malpractice liability bill.  The Honolulu Advertiser reports the bill was effectively killed two days later. 

     The Hawaii Medical Association promoted the reform legislation, contending a cap on non-economic damages would lower malpractice premiums and reduce some of the uncertainty about …

     The Honolulu Advertiser reports that the Hawaii Department of Commerce and Consumer Affairs has issued ten licenses to new captive insurance companies, bringing the total of approved licenses to 212 since the industry was established in 1986.

     Captive insurance is a type of self-insurance whereby a company establishes a separate, licensed …

     Under Hawaii Insurance law, punitive damages are not insurable unless expressly provided for in an insurance policy.  Haw. Rev. Stat. §431:10-240.  A recent Texas case issued a surprising decision holding that public policy did not bar a liability insurer from covering punitive damage for an employer’s gross negligence.  See Fairfield Ins. Co. v. …

     Courts consistently strike down state laws that create claims for relief against ERISA-covered employee benefit plans, even if those state laws also regulate insurance.  In 2004, the Hawaii Supreme Court found that the Employee Retirement Income Security Act (ERISA) preempted Hawaii’s statute providing review by the Insurance Commissioner pursuant to the Patient’s Bill …