Description: Honolulu, Hawaii insurance law lawyer represented the Plaintiff who used the Defendant on a bad faith breach of insurance contract theory.

"In Hawaii, a bad faith breach of insurance contract claim can be brought against an insurance company when the company acts in a way that is inconsistent with its duty of good faith and fair dealing under the insurance contract.

To establish a claim for bad faith breach of contract, a policyholder must prove the following elements:

The insurance company had a duty to act in good faith and fair dealing under the insurance contract.
The insurance company breached that duty.
The policyholder suffered damages as a result of the breach.

Duty of good faith and fair dealing

The duty of good faith and fair dealing is a general obligation that all parties to a contract have to each other. This duty requires the parties to act honestly and fairly in their dealings with each other.

In the context of an insurance contract, the duty of good faith and fair dealing requires the insurance company to act in a way that is consistent with the policyholder's reasonable expectations. This means that the insurance company must:

Investigate claims promptly and fairly.
Make a reasonable effort to settle claims.
Pay claims that are covered by the insurance policy.

Breach of the duty of good faith and fair dealing

A breach of the duty of good faith and fair dealing can occur in a number of ways. For example, an insurance company may breach its duty by:

Delaying or refusing to investigate a claim without a legitimate reason.
Failing to disclose relevant information to the policyholder.
Making unreasonable demands on the policyholder.
Denying a claim that is clearly covered by the insurance policy.

Damages

If a policyholder is successful in proving a bad faith breach of contract claim, they may be entitled to a number of remedies, including:

The amount of the policyholder's actual damages, such as medical expenses, lost wages, and property damage.
Punitive damages, which are intended to punish the insurance company for its bad faith conduct.

Examples of bad faith breach of insurance contract claims in Hawaii

Here are some examples of bad faith breach of insurance contract claims that have been successful in Hawaii:

An insurance company denied a claim for property damage after a fire, even though the fire was clearly covered by the insurance policy.
An insurance company delayed investigating a claim for personal injury for months, even though the policyholder was seriously injured.
An insurance company made unreasonable demands on a policyholder in order to settle a claim, such as demanding that the policyholder sign a release before the company would pay the claim.

If you believe that your insurance company has acted in bad faith, you should contact an attorney to discuss your legal options."

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Outcome: 11/08/2023 23 STIPULATION FOR DISMISSAL WITH PREJUDICE OF ALL CLAIMS AND PARTIES by State Farm, State Farm Mutual Automobile Insurance Company - Signed by MAGISTRATE JUDGE ROM TRADER on 11/8/2023. (eta) (Entered: 11/08/2023)

Plaintiff's Experts:

Defendant's Experts:

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