In Kaiama v. AIG Hawaii, Inc., 84 Haw. 133, 930 P.2d 1352 (1997) the Hawaii Supreme Court refused to enforce a "family member" UIM insurance exclusion in a auto insurance policy issued by AIG. The exclusion purported to deny UIM coverage to an insured family member injured by another insured under the same policy - apparently for the purpose of denying dual recovery under both the liability and the UIM coverages of the same insurance policy. The Hawaii Supreme Court stated that the insurer's attempt to use the family member exclusion to deny UIM coverage to an insured family member violated public policy and was therefore void. Dual recovery of both liability and UIM coverages to an insured family member was therefore permitted.
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.
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Martindale Hubbell - AV rated lawyer - Best Rating Possible
Multi-Million Dollar Advocates Forum
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