Honolulu Bad Faith Claims Lawyer | Attorneys for Freedom Law Firm

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

Joe O.
Joe O.
23:31 21 Mar 23
Tony B.
Tony B.
00:19 16 Mar 23
Attorneys for Freedom is super friendly and very relationship oriented. I felt at home the moment I... sat down. My lawyer Andy and paralegal Brittany were awesome. My case was unique and required research that would have been instrumental to navigating my case had it moved to a formal charge. Fortunately, the case sort of resolved without further legal intervention. I would definitely hire them again (I hope I don't need to).read more
Steve P.
Steve P.
16:33 28 Feb 23
I can not say enough about my experience with Attorneys For Freedom and especially Rachel Moss. I... was involved in an extremely stressful situation and I experienced her as very compassionate and open to my concerns. She was able to synthesize and relate the germane issues about the situation with me and I really appreciated that she was open and able to also consult with other attorneys in the office. I found Rachel to be knowledgeable, reliable and available. She (and the firm) get 5+ stars from me and I would recommend her (and A4F) without reservation to others.read more
Morgan V.
Morgan V.
18:59 27 Feb 23
Truly helped us with our case. Definitely would recommend to anyone!
Oscar V.
Oscar V.
23:25 24 Feb 23
I just want to thank Mark and all of his staff for coming through for me. I was thinking that I was... gonna face some time, but he is a man of his word and got me probation like he said he would. Thanks Mark Victor! You gave my life back to me. I would and will recommend anyone going through some kind of legal matters. You and his staff are the greatest . Also I'd like to thank Andrew C. Marcantel for hanging in there with me. I appreciate you all very much. Thanks againSincerely.O. Vegaread more
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