Cunningham v. Aetna – $25.6 million bad faith award
Aetna was recently hit with a $25.6M bad faith verdict for denial of an insured’s cancer treatment in Oklahoma. When Orrana Cunningham was diagnosed with stage IV nasopharyngeal cancer in November, 2014, Aetna fought tooth and nail against her claims and those of her husband. The Cunnighams paid for appropriate treatment on their own and, […]
Read MoreKaiser charging for disability paperwork
Disabled patients often need brief documentation of disability for an insurance claim, a Social Security claim, or another disability claim. These disability claims do not generally pay very much. Kaiser in Hawaii is now insisting that such paperwork must be routed to its legal department and Kaiser is charging hourly fees of $350+ for a […]
Read MoreSt. Paul Fire and Marine Ins. Co. v. Liberty Mutual Insurance
On June 29, 2015, the Hawaii Supreme Court rendered its decision in the case of St. Paul Fire and Marine Ins. Co. v. Liberty Mutual Insurance, Hi. Sup. Ct. Case No SCCQ-14-0000727 (June 29, 2015). This case arose out of a wrongful death personal injury case handled by this office which resulted in a $4.1 […]
Read MoreCastro v. Melchor
A recent case from the Hawaii Supreme Court recognizes personal injury claims for a viable fetus. This new approach seems consistent with a judicial approach to unborn children that life begins at viability. Castro v. Melchor, SCWC-12-0000753 (March 13, 2018).
Read MoreBristol-Myers Squibb Co. v. Superior Court of California
In Bristol-Myers Squibb Co. v. Superior Court of California, No. 16-466 (June 19, 2017), the U.S. Supreme Court held that a state court does not generally have specific personal jurisdiction to entertain class-action claims by non-resident plaintiffs against a company headquartered outside of the forum state (here Bristol-Myers Squibb was not based in California). In […]
Read MoreConey v. Lihue Plantation Co.
With proper foundation, the Hawaii courts recognize that a personal injury damage award should adequately compensate for actual losses sustained – past, present or future. “[D}ifficulties often arise in ascertaining… what sum will produce adequate compensation.” The duty of juries in such cases is “to draw reasonable and probable inferences from the facts and circumstances […]
Read MoreYukumoto and HMSA v. Tawahara, Hawaii Sup
An important victory in the fight for individual rights (as opposed to insurer rights) is the case of Yukumoto and HMSA v. Tawahara. In that case on May 26, 2017, the Hawaii Supreme Court rejected the efforts of a health insurer who tried to convert its insurance coverage into a ‘loan agreement’ and recover its […]
Read MoreTracey v. Solesky
In the case of Tracey v. Solesky, 427 Md. 627, 50 A.3d 1075 (Md., 2012), the Court of Appeals of Maryland held that pit bull owners and harborers have strict liability for attacks on humans by their dogs. Massachusettes had previously established a similar policy. Cute pit bulls? Not hardly. Historically the dogs were bred […]
Read MoreBachran v. Morishige
Future damages can be hard to prove in a personal injury case. But, nonetheless, the Hawaii courts hold that future damages may be awarded where there is competent medical testimony to demonstrate a future loss (such as a permanent injury or future complications, disability, limitations or pain and suffering). But supporting medical testimony is critical. […]
Read MoreSamsom v. Nahalu
A scene photograph with markings made or authorized by an eyewitness during his or her deposition to show the location of the impact involved in a motor vehicle accident is generally admissible in Hawaii and, even if the eyewitness does not remember the entire layout of the accident scene, the picture’s exclusion by a trial […]
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