The Hawaii Supreme Court recently denied AIG attempt to recover attorneys
fees and costs in a bad faith case against it and reaffirmed the principle that auto
PIP claimants who bring suit on their no-fault claims for medical benefits can often recover
attorney's fees and costs of suit even if their claims are unsuccessful.
In the case of Enoka v. AIG, Sup. Ct. No. 25291 (Feb. 23, 2006) the Hawaii Supreme
Court decided that insurers cannot recover attorneys fees from their insureds who
claim bad faith against them - unless those claims are determined to be fraudulent
or frivolous. Moreover, the Court reaffirmed that PIP claimants who sue their own insurers for payment
often may recover their attorneys' fees and costs even when unsuccessful.
Many no-fault insurers - eg. AIG - have become very aggressive in denying their own
customers claims for medical benefits. Such lawsuits and claims occur both because
the PIP claimant has been denied treatment and because of a dispute over the amount of a medical bill.
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.
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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