Honolulu Bad Faith Claims Attorney

Insurance companies in Hawaii are required to maintain a duty of “good faith and fair dealing” during the claim process with its policy holders. A bad faith insurance claim is a claim against an insurance company that has acted in bad faith by failing to perform its duty in good faith to the insured. Bad faith insurance claims, although not always easy to prove, can result in damages that in some cases may far exceed the original value of the personal injury claim that was filed. In addition to a tort claim, the insured person may also sue the company for breach of contract. The contract-tort distinction is significant because as a matter of public policy punitive or exemplary damages are unavailable for contract claims, but are available for tort claims.

In the case Best Place v. Penn. Am. Insurance Company, the Hawaii Supreme Court defined an insurance company’s good faith obligations.

“There is a legal duty, implied in a first- and third-party insurance contract, that the insurer must act in good faith in dealing with its insured, and a breach of that duty of good faith gives rise to an independent tort cause of action. The breach of the express covenant to pay claims, however, is not the sine qua non for an action for breach of the implied covenant of good faith and fair dealing. The implied covenant is breached, whether the carrier pays the claim or not when its conduct damages the very protection or security which the insured sought to gain by buying insurance. Best Place, Inc. v. Penn Am. Ins. Co. 82 Hawaii 120, 920 P.2d 334 (1996).”

Possible Signs of a Bad Faith Insurance Claim:

  • Unreasonable delays in payments.
  • Claims are denied (without a reasonable explanation).
  • Cancellation of insurance policy after a claim is filed.
  • Failure to reply to a filed claim.
  • Not complying with insurance industry standards.
  • Failure to inform insured party of claim denial.
  • False or inaccurate information added to deny a claim.
  • Very low settlement is offered without a reasonable explanation.
  • Aggressive or coercive methods were used by insurer.
  • Insurer does not pay an award in a reasonable amount of time.

If you feel your insurance company has violated its policy agreement or has caused you hardship or harm by failing to abide by state or federal insurance laws, you may have a bad faith insurance claim. Lawyers who handle bad faith insurance claims can help clients obtain punitive damages from insurance companies that have acted in bad faith. These attorneys understand the complex mix of applicable insurance laws and represent the policyholder in either court or an arbitration hearing.

If you feel you may have a bad faith insurance claim, call the Attorneys for Freedom Law Firm – Honolulu at 808-647-2423 today or email us.

Hawai’i Office Address:
1003 Bishop Street, Suite 1260 Pauahi Tower
Honolulu, Hawai’i 96813
Phone: 808-647-2423

Jon M
I recently had a double bill of my wife's membership that I caught on my credit card bill. I called and spoke to Noslen in customer service, she was able to figure out that when my wife upgraded to the new AOR service that she was double billed and took care of the error right away. That was good enough for me to be happy with her service, but she called me back right away and asked if I had been double billed the month before when I upgraded my subscription. I thought I probably hadn't but she checked and found that I had, then started a refund for me also. It is great to do business with a company that hires good people and encourages them to walk the walk as Marc Victor would say. Thank you Noslen and AOR!
Ron “Ronbo” H
Great customer service response, even if the question is Lame. HAHAHAHAHA
Robert I.
I recently had to deal with a legal situation, and I’m incredibly grateful to the team at the Attorneys for Freedom Law Firm for helping me through it. From start to finish, they were professional, supportive, and truly had my back.

I especially want to thank Joey Hamby, who took the lead on my case. Joey was sharp, down-to-earth, and always made sure I understood what was going on. He gave me real peace of mind during a stressful time, and I always felt like I was in good hands.

I also want to thank Tory Stewart for her work behind the scenes—her support made a real difference and didn’t go unnoticed.

If you’re ever in a situation where you need strong legal support from people who care, I can’t recommend the Attorneys for Freedom team enough. They really live up to their name.
Buck
Just want to thank Austin Killmer, AOR Account Manager, for taking the time to answer my questions.
Keith S.
This firm is great to work with, had a small billing issue and it was resolved very quickly. Lia Janisse was great to work with.
Thank You Lia.