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- 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] - Insurers' Duty To Re-Evaluate Claims
It is not uncommon for insurers to deny claims or to take positions during the course of litigation, which may not be in the insureds' best interests. The Eighth Circuit recently issued an opinion, which is helpful for insureds in demanding that their insurers re-evaluate their position based on new developments.
[Read more] - Insurance Update – Excess Insurer's Right To Assert Claim Against Primary Insurer
In St. Paul Fire & Marine Ins. Co. v. Liberty Mutual Insurance Company, the Hawai`i Supreme Court holds that excess insurer can assert an equitable subrogation claim against a primary insurer which in bad faith fails to settle a claim within policy limits.
[Read more] - Litigation: Hurricane Katrina
Plaintiffs challenge water damage exclusions of their homeowner's insurance policy.
[Read more] - Bad Faith and Discovery
To be successful, policyholders' counsel needs to be thoroughly familiar with the coverage issues.
[Read more] - Insurance Class Actions
Class certification under Hawai'i law is a two-step process set forth in Rule 23 of the HRCP.
[Read more] - Protect Your Business!
Businesses have extensive legal remedies to protect them from unfair competition.
[Read more]
- Insurer Estopped From Raising Policy Exclusion After Relying On Information From Defense Counsel, Which Was Obtained From Client
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.