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5 Hawaii opinions name it 2 courts 2005–2013 0 in the last five years
The cases below were cited by Hawaii courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Ranger Insurance Co. v. Hinshawgreen2 sentences2005Co. v. Hinshaw, this court held that the insured was not entitled to attorney’s fees under HRS § 431:10-242 when the insurance company contested its liability under a policy because “it was not ordered by the court to pay any benefits thereunder.” 103 Hawai'i 26, 34 , 79 P.3d 119, 127 (2003). 2005Co. v. Hinshaw, this court held that the insured was not entitled to attorney’s fees under HRS § 431:10-242 when the insurance company contested its liability under a policy because “it was not ordered by the court to pay any benefits thereunder.” 103 Hawai'i 26, 34 , 79 P.3d 119, 127 (2003). | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Willis v. Swain
green
2 sentences2013For example, in Willis II, this court held that Petitioner could not seek attorneys fees under HRS § 431:10C-211(a) (Supp.1997), which provides in relevant part that [a] person making a claim for personal injury protection benefits may be allowed an award of a reasonable sum for attorney’s fees, and reasonable costs of suit in an action brought by or against an insurer who denies all or part of a claim for benefits under the policy.... 113 Hawai’i at 250, 151 P.3d at 731 . 2013For example, in Willis II, this court held that Petitioner could not seek attorneys fees under HRS § 431:10C- 211(a) (Supp. 1997), which provides in relevant part that [a] person making a claim for personal injury protection benefits may be allowed an award of a reasonable sum for attorney's fees, and reasonable costs of suit in an action brought by or against an insurer who denies all or part of a claim for benefits under the policy . . . . 113 Hawai#i at 250, 151 P.3d at 731 . | 2 | 2012–2013 |
Kawaihae v. Hawaiian Ins. Companies
green
2 sentences2013As stated in Kawaihae , even if a “claim is denied in its entirety,” 1 Haw.App. at 362 , 619 P.2d at 1092 , a plaintiff may nevertheless recover reasonable attorney’s fees and costs under that statute upon a determination by the trial court that the claim was not unreasonable, fraudulent, excessive, or frivolous. 2013As stated in Kawaihae , even if a “claim is denied in its entirety,” 1 Haw.App. at 362 , 619 P.2d at 1092 , a plaintiff may nevertheless recover reasonable attorney’s fees and costs under that statute upon a determination by the trial court that the claim was not unreasonable, fraudulent, excessive, or frivolous. | 1 | 2013–2013 |