Accident Lawyer Hawaii - Personal Injury Attorney Hawaii

Accident Lawyer Hawaii - Attorney William H. Lawson

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Attorney Bill Lawson

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American Society of Legal Advocates - Top 100 - 2014


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AVVO Clients' Choice Personal Injury Lawyer


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American Society of Legal Advocates - Top 100 - 2013



Archived News Items - Table of Contents

A Statement to an Insurer Can Be Obtained Through Discovery - Iwamoto

Personal Injury News Items


Insurers often refuse to produce statements made to them by their insureds on the basis that they are "attorney-client" privileged or "made in anticipation of litigation". This position is contrary to existing case law, but the insurers nonetheless often refuse to abide by controlling precedent. In the case of Iwamoto v. Hirata, 49 Haw. 514, 516, 422 P.2d 99, 100 (1966) the Hawaii Supreme Court upheld a motion to compel the production of an insured's statement made to the insurance carrier "soon after the accident" and considerably before plaintiff had counsel and filed suit. Statements taken under such circumstances have been consistently found to have 'good cause' for their production. Standard discovery requests - and the right questions of an insured in a deposition - may be sufficient to set up a Motion to Compel and for Sanctions. In this and many other ways, claimants must vigilantly seek to counteract insurance company secrecy and wrongful practices.

 

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Accident Lawyer Hawaii

William H. Lawson, Esq.
Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813


New client hotline:
(808) 524-5300


Pearl City, Aiea and Waipahu:
(808) 671-7600


Main business phone:
(808) 528-2525


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Recent Personal Injury and Car Accident News


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 medical expense payments from Mr. Yukumoto when he had a 3rd party claim - in spite of the fact that he was not being fully compensated for his losses. This insidious insurance practice has been damaging the citizens and members of the Hawaii community for many years. For more info, see the decision here: Yukumoto and HMSA v. Tawahara, Hawaii Sup. Ct. No. SCAP-15-0000460 (May 26, 2017).










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