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10 Hawaii opinions name it 2 courts 1996–2020 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 |
|---|---|---|
Best Place, Inc. v. Penn America Insurance Co.green2 sentences2020"The implied covenant is breached, whether the carrier pays the claim or not, when its conduct damages the very protection or security which the insured sought to gain by buying insurance." Id. (quoting Rawlings v. Apodaca, 151 Ariz. 149 , 726 P.2d 565, 573 (1986)). . . . [F]ailure to pay a claim is not a sine qua non of a cognizable cause of action for bad faith. 2020"The implied covenant is breached, whether the carrier pays the claim or not, when its conduct damages the very protection or security which the insured sought to gain by buying insurance." Id. (quoting Rawlings v. Apodaca, 151 Ariz. 149, 726 P.2d 565, 573 (1986)). . . . [F]ailure to pay a claim is not a sine qua non of a cognizable cause of action for bad faith. | 5 | 8 |
Francis v. Lee Enterprises, Inc.green2 sentences2011As this court stated in Best Place, - the insurer may commit bad faith, “whether the carrier pays the claim or not.” 82 Hawai'i at 132 , 920 P.2d at 346 (emphasis added); see also Francis v. Lee Enterprises, Inc., 89 Hawai'i 234 , 971 P.2d 707 (1999) (noting that, in Best Place, “[w]e further explained that an action for the tort of ‘bad faith’ will lie ... when an insurance company unreasonably handles or denies payment of a claim”) (emphases added). 2011As this court stated in Best Place, - the insurer may commit bad faith, “whether the carrier pays the claim or not.” 82 Hawai'i at 132 , 920 P.2d at 346 (emphasis added); see also Francis v. Lee Enterprises, Inc., 89 Hawai'i 234 , 971 P.2d 707 (1999) (noting that, in Best Place, “[w]e further explained that an action for the tort of ‘bad faith’ will lie ... when an insurance company unreasonably handles or denies payment of a claim”) (emphases added). | 3 | 3 |
Rawlings v. Apodacagreen2 sentences2020"The implied covenant is breached, whether the carrier pays the claim or not, when its conduct damages the very protection or security which the insured sought to gain by buying insurance." Id. (quoting Rawlings v. Apodaca, 151 Ariz. 149, 726 P.2d 565, 573 (1986)). . . . [F]ailure to pay a claim is not a sine qua non of a cognizable cause of action for bad faith. 2020"The implied covenant is breached, whether the carrier pays the claim or not, when its conduct damages the very protection or security which the insured sought to gain by buying insurance." Id. (quoting Rawlings v. Apodaca, 151 Ariz. 149, 726 P.2d 565, 573 (1986)). . . . [F]ailure to pay a claim is not a sine qua non of a cognizable cause of action for bad faith. | 2 | 5 |
Catron v. Tokio Marine Management, Inc.green2 sentences2020Catron v. Tokio Marine Mgmt., Inc., 90 Hawai#i 407, 410, 978 P.2d 845, 848 (1999). 2020Catron v. Tokio Marine Mgmt., Inc., 90 Hawai#i 407, 410, 978 P.2d 845, 848 (1999). | 1 | 1 |
California Shoppers, Inc. v. Royal Globe Insurance Co.green2 sentences1998Co., 221 Cal.Rptr. 171 , 175 Cal.App.3d 1 (1988)). 9 “The *449 implied covenant is breached, whether the carrier pays the claim or not, when its conduct damages the very protection or security which the insured sought to gain by buying insurance.” Id. at 132, 920 P.2d at 346 (internal quotation marks and citation omitted). 1998Co., 221 Cal.Rptr. 171 , 175 Cal.App.3d 1 (1988)). 9 “The *449 implied covenant is breached, whether the carrier pays the claim or not, when its conduct damages the very protection or security which the insured sought to gain by buying insurance.” Id. at 132, 920 P.2d at 346 (internal quotation marks and citation omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gruenberg v. Aetna Insurance
green
2 sentences2008Co., 9 Cal. 3d 566 , 108 Cal. Rptr. 480 , 510 P.2d 1032 (1973)] and its progeny. 2008Co., 9 Cal. 3d 566 , 108 Cal. Rptr. 480 , 510 P.2d 1032 (1973)] and its progeny. | 1 | 2008–2008 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.