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.
Mediation works - so we use it regularly. In Providence, R.I., in 2014 eight female aerialists doing a hair-hang act 20+ feet above the ground were severely injured when the metal frame supporting their act collapsed hurtling them to the floor. They recently obtained a total combined settlement of $52.5-million through mediation of their claims See, Eight severely injured aerialists recover $52.5-million settlement through mediation.
Awards and Honors
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
Lawyers.com - Rated 5.0 out of 5.0 - Top Rating Possible
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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