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Enoka v. AIG

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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.

 

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William H. Lawson, Esq. and
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In August 2018 3M Co. agreed to pay $9.1 million to settle allegations that it and its predecessor, Aearo Technologies Inc, knowingly sold defective combat ear plugs to the U.S. military. The ear plugs were too short for proper insertion into the users' ears and could easily loosen and not perform effectively. Military personnel who suffered hearing loss during combat or training exercises between 2003 to 2015 may qualify for a one-time award. For more on defective product claims, see: Honolulu product liability claims.





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