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 …

     Florida enacted legislation last year to allow condominiums to take greater control over the costs and availability of hurricane coverage through the formation of self insurance trusts.  The Palm Beach Daily News reported last week that the Palm Beach Windstorm Self Insurance Trust was the first group in the state able to meet …

     Market Watch has reported that falling prices for commercial insurance and other coverage is beginning to affect insurance broker’s revenue growth.   Property and casualty insurance prices rise and fall in cycles.  When insurance companies are profiting from business, they compete more aggressively to win new business, driving prices down and cutting future profits.  …