carrier pays claim (Hawaii) · Go Syfert
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carrier pays claim in Hawaii

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.

Followed or applied (5)

CaseFollowedCited
Best Place, Inc. v. Penn America Insurance Co.green
haw · 1996 · cited in 8 Hawaii opinions naming this issue, 1998–2020
2 sentences

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.

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.

58
Francis v. Lee Enterprises, Inc.green
haw · 1999 · cited in 3 Hawaii opinions naming this issue, 2006–2011
2 sentences

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).

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).

33
Rawlings v. Apodacagreen
ariz · 1986 · cited in 5 Hawaii opinions naming this issue, 1996–2020
2 sentences

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.

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.

25
Catron v. Tokio Marine Management, Inc.green
haw · 1999 · cited in 1 Hawaii opinions naming this issue, 2020–2020
2 sentences

2020Catron 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).

11
California Shoppers, Inc. v. Royal Globe Insurance Co.green
calctapp · 1985 · cited in 1 Hawaii opinions naming this issue, 1998–1998
2 sentences

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).

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).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Gruenberg v. Aetna Insurance green
cal · 1973
2 sentences

2008Co., 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.

12008–2008

Where else courts name it

HI 10 (1996–2020) AZ 4 (1986–1996) WA 2 (1998–1998)

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.

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