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.
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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