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

Phillip J.
Phillip J.
14:30 18 Jan 22
Upfront pricing & transparency throughout. Got my case completely dismissed and I’m now able to... move forward with a clean slate. Thank you Marc and Emma and the entire team attorneys for freedomread more
Jared B.
Jared B.
19:48 15 Jan 22
5 stars just isnt enough for Andrew Marcantel, Marc Victor, and the entire staff here.When my... boyfriend was wrongly accused of a totally vile crime, neither of us had any experience navigating the "just-us" system.If you've faced potentially life-altering accusations, and you feel like the system is set up to empower police, prosecutors, judges, and pretty much everyone except you, then you're right! If you want to level the playing feild, Attorneys for Freedom will accomplish that.Some others have commented about the price. Good representation does cost money, unfortunately. What is a persons future worth?Compared to the competition, which is also expensive, the value you will get at this law firm is just unbelievable. Andrew especially is so great at walking you through possible scenerios, guiding you through important decisions, and has the experience to truly get good results. Extremely knowledgeable and creative not just "aggressive". He is also an excellent communicator, both in the office and in the court.Speaking of communication, the paralegal team at even some more expensive law firms will leave you wondering what it is they are paid to do. This is not the case at Attorneys for Freedom. Ashley Crispino and Kaylie Kline did an amazing job at both keeping us in the loop and being available when needed.Reading "Case Dismissed" after what felt like an eternity of fighting was the best outcome we could have ever asked for.I told my Aunt who was very worried about us at the height of all the absurdity that I felt like having Andy on our side was better than prayer. And I was right.read more
Nicholas K.
Nicholas K.
01:07 17 Dec 21
Bad review was due to unfortunate mistake in contact info. Mr. Harris made contact, fixed my file,... and set up the next steps for my request.read more
Daddy D.
Daddy D.
17:44 14 Dec 21
Helped me out with all my attorney needs. Out of state help!
Kira L.
Kira L.
22:12 02 Dec 21
This is my first time ever needing an attorney and my attorney was Kate and she did an amazing job... with my case! Kate took time to go through all of the evidence so she understood everything before going to court. Kate assistant Madalyn was also super helpful and very sweet! Anytime I called she was very understanding and helped me walk through the process when I did not understand something and always had an upbeat positive attitude! If I ever need an attorney again I will definitely being going back to Kate!read more
js_loader