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

Mont B.
Mont B.
20:45 28 Jun 22
I really appreciate the teamwork culture of the firm. I worked with Caroline in the Honolulu... office. Caroline was extremely professional and went above and beyond working on short notice and working on the weekend. She worked really hard to obtain the best outcome for me. Thank you!read more
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Diana V.
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I am grateful beyond belief for the incredible team that helped me. Jody Broaddus, thank you for... everything you and your team did for me. I appreciate you from the bottom of my heart.I haven’t been able to Breath right and my life has been rough. I’m still trying to recover and I know it will take a while but because of God putting the right lawyer and team in front of it all, I now have a light at the end of the tunnel. I thank you for the kind words and dedication you put forward.Thank you and God bless youread more
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Jason D.
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Attorneys for freedom was a 10/10 on handling my case, i had the pleasure of speaking directly to... the attorney and staff. Everybody was professional and helped me every step of the way giving these issues that create havoc and frustration in your personal life.Rachel Moss, was exceptional in going above and beyond what was necessary to get the results we were going for and we accomplished what we sout out for. Her communication and understanding of the law and policies led us to a great victory that we fought for from the beginning.Thank you to the entire staff for everythingI do appreciate your hard work, i definately could not have got the results we achieved on my own.read more
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Spiritual T.
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