Many Hawaii auto insurers may now face the prospect of class actions from medical providers and insureds for wrongful denials of treatment and non-payment of medical bills. Many Hawaii PIP (no-fault) insurers have been unilaterally picking known insurance company doctors on auto PIP cases (see the Hawaii IME -Independent Medical Experts - page for a list of some of Hawaii's known DME and insurance company doctors). These doctors are chosen knowing that they will say that a patient no longer needs medical care. The insurers then cut off the patient from further care and the treating doctor from payments for such care (sometimes retroactively). Two Hawaii Circuit Court Judges have found that such practices violate H.R.S. 431:10C-308.5, which requires that a medical reviewer (so-called IME doctor) be chosen by agreement or by a neutral forum in PIP cases. Judge Ayabe and Judge McKenna in First Circuit Court have both granted motions for summary judgment finding that denials based upon medical experts unilaterally chosen by the insurer were improper and invalid.
Game Truck Georgia was recently hit with a $4.7 million judgment for injuries arising out of a game of "bubble soccer". But this was after they had pleaded with their insurer to settle those same claims for a pretrial offer of $1 million - which was within their policy limits. Their insurer, Atlantic Specialty Insurance, declined those offers and forced the case to trial. Now the attorneys for Game Truck Georgia are chasing their own insurance company for its bad faith refusal to settle - a refusal which led to the insolvency and desctruction of their business.
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Martindale Hubbell - AV rated lawyer - Best Rating Possible
Multi-Million Dollar Advocates Forum
AVVO Top Rated Personal Injury Attorney, 10 of 10
ATLA Top 100
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National Trial Lawyers - Top 100 Trial Lawyers
Million Dollar Advocates Forum
American Society of Legal Advocates - Top 100 - 2017
Marquis' Who's Who in the World, Who's Who in America and Who's Who in American Law
AVVO Clients' Choice Personal Injury Lawyer
Expertise - Best Car Accident Lawyers in Honolulu 2019
Best Attorneys in America - Life Charter Member
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