Proof of loss deadlines are always a little tricky when the case law is not clear. For the Maui wildfire victims with an insurance policy that requires a proof of loss to be filed within 60 days from the date of the loss, my suggestion is to be safe rather than sorry and obtain an indefinite extension to file a proof of loss.
Continue Reading The 60-Day Proof of Loss Deadline in Hawaii
One of my favorite sailors and racing companions is Keahi Ho. He is a Maui firefighter and a crew member on Merlin. While fighting fires and saving lives on Maui last week, his home, boat, and car were lost to the fire which destroyed Lahaina and its port.
Teamwork is the key to success when presenting a property insurance case in the courtroom or while racing a sailboat to Hawaii. I appreciate teamwork a lot more after completing the recent Transpacific Yacht Race on Merlin to Hawaii.
Hawaiian insureds not only have to contend with volcanoes and lava, they have hurricane disputes with their property insurers, just like everybody in the Gulf Coast states. To resolve those disputes and provide an extra-contractual remedy, Hawaii allows appraisal and has a cause of action for bad faith after the appraisal. A short summary of that law is found in a Westlaw synopsis to a Hawaiian case:
Continue Reading Hawaii Has Hurricanes, Appraisal, and Bad Faith
The title of this post was a question posed to me yesterday by one of the crew while racing in the Transpac to Hawaii. Thanks to Elon Musk and Starlink, I was able to gain fairly cheap access to the internet and show him the case I am sharing with you.1
Continue Reading Is There Such a Thing as Lava Insurance in Hawaii?
Continuing with my study regarding Hawaiian property insurance law while racing toward Honolulu, an unusual case is worthy of discussion.1 It is not often that a claim is made on a boat that is stolen by the legal owner. But Hawaii is an unusual place.
Continue Reading The Owner Steals the Boat—Can a Claim Be Made?
Since I am racing my sailboat to Hawaii, it seems only fitting to research insurance contract interpretation law in Hawaii. A federal insurance law case involving an unusual sinking of a boat seems appropriate. There will be a few lessons from this case over the next few days. But we will start with the basics—how do courts in Hawaii interpret insurance policies?
Hawaii is paradise. The Aloha State deserves its reputation as exotic, fun loving, and a place to reflect about life—as you can tell from the picture above with my friend following the finish of the 2019 Transpac Race. So, it is fitting that insurers who wrongfully breach the peace of mind which insurance is supposed to protect are subject to emotional distress damages in Hawaii.
Continue Reading Emotional Distress Damages Allowed in Hawaii For Insurance Bad Faith Conduct
Hawaii is a beautiful state. Like many mainland states, Hawaii requires insurers to act in good faith. If they fail to do so, those insurers can be held accountable for bad faith conduct.
Continue Reading Hawaii Requires Insurers to Act in Good Faith and Bad Faith Insurers Can Be Held Accountable For Wrongful Conduct
Hurricanes, tsunamis, and earthquakes are the most common natural disasters to impact the State of Hawaii. The 2018 Hawaii hurricane season was one of the most destructive in recent memory, with six hurricanes hitting the islands. 2018 also brought the lower Puna volcano eruption.
Continue Reading How To File A Complaint With The Hawaii Department of Insurance About Your Delaying, Denying and Bad Treating Insurance Company