Resources

News, Publications and Articles

The following resources, also available for download, are in Adobe® Portable Document Format (PDF) and require Adobe® Reader, which is available here:

Insurance Update – ICA Issues Second Group Builders Opinion

By Bruce H. Wakuzawa

On April 15, 2013, the Hawai`i Intermediate Court of Appeals (“ICA”) issued a memorandum opinion in Group Builders, Inc. v. Admiral Insurance Company(“2013 Opinion”), holding that Admiral Insurance Company had a duty to defend Group Builders Inc. with respect to claims arising out of alleged design and construction defects which led to mold infestation in the Kalia Tower in the Hilton Hawaii Village hotel complex. Read More

Protect Your Business From Unfair Competition

By Jason H. Kim and Bruce H. Wakuzawa

In Hawai’i, businesses have extensive legal remedies to protect them from lost revenue and profit caused by a competitor’s deceptive or wrongful conduct. A Hawai’i statute specifically outlaws “unfair or deceptive acts or practices in the conduct of any trade or commerce.” Read more…

Insurance Class Actions

By Bruce H. Wakuzawa and Jael Eli Makagon

Class certification under Hawai’i law is a two-step process set forth in Rule 23 of the Hawai’i Rules of Civil Procedure (HRCP). Read more&#8230

Insurance Bad Faith & Discovery: The Policyholder’s Perspective

By Bruce H. Wakuzawa and John Tzouganatos

The general concept of insurance protection is straight-forward: Consumers buy insurance to protect themselves against losses if an accident occurs. For this protection, consumers pay a premium. The consumer rightly expects that if an accident occurs, his company will protect him. Read more&#8230

Insurance Litigation Arising From Hurricane Katrina

By Bruce H. Wakuzawa and Ana C. Cruz

Hurricane Katrina caused devastating losses to property located on the Mississippi Gulf Coast. Under most homeowners’ and business owners’ insurance policies, “damage by wind is typically covered while water damage from flooding, wind driven water, storm surge, seepage or through openings in the building is specifically excluded.” Read more…

Current Trends in Bad Faith litigation

By Bruce H. Wakuzawa and Peter Knapman

What to do in the event of a coverage dispute. Read more…

Foster-Gardner’s Impact — Perception Is Not Reality

By Bruce H. Wakuzawa and Jason H. Kim

This article analyzes their California Supreme Court’s decision in Foster-Gardner, Inc. v. National Union Fire Ins. and describes the impact of the decision in other jurisdictions and in California. Read more…

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Latest News and Articles
- Insurer Estopped From Raising Policy Exclusion After Relying On Information From Defense Counsel, Which Was Obtained From Client
  A federal district court recently ruled that the insurer was estopped from raising a policy exclusion when it relied upon information from appointed defense counsel, which was obtained from the client/insured. The case has potential lessons for insurers and defense counsel in Hawai`i.
  [Read more]
Significant Cases
Mr. Wakuzawa has been responsible for the successful recovery of millions of dollars on behalf of consumers as well as companies in individual and certified class action litigation, representative of which include:
- Multi-million dollar recovery on behalf of consumers from auto insurers based on the improper use of credit information in setting automobile insurance premiums.
- Various million-dollar recoveries from insurance companies based on their wrongful refusal to provide coverage.
- $5 million plus jury verdict based on the defendants’ fraudulent conduct in a real estate transaction.
- Counsel for a certified class of more than 20,000 consumers who sued Countrywide Home Loans, Inc. for unfair and deceptive trade practices in charging a “Statement Fee” in connection with loan re-financing.
- Counsel for a certified class of more than 5,000 substitute teachers in a lawsuit based on the State of Hawaii Department of Education’s failure to pay proper wages.
- Counsel for a certified class of employees who sued their employer for violations of The Fair Labor Standards Act in failing to pay overtime wages.