Hawaii Supreme Court says insured needn't prove tangible losses in bad faith suit [Lawyers USA] - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Newswires
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Meet our Editorial Staff
    • Advertise
    • Contact
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Newswires
Newswires RSS Get our newsletter
Order Prints
January 27, 2012 Newswires
Share
Share
Post
Email

Hawaii Supreme Court says insured needn’t prove tangible losses in bad faith suit [Lawyers USA]

Pat Murphy; Pat Murphy
By Pat Murphy; Pat Murphy
Proquest LLC

An insured suing for bad faith is not required to prove economic or physical injury in order to recover damages for emotional distress allegedly caused by the termination of her long-term care benefits, the Hawaii Supreme Court has ruled in answering a certified question from a U.S. District Court.

The plaintiff purchased a Hartford long-term care insurance policy. She began receiving benefits after suffering a grand mal seizure and being diagnosed with cancer.

A year after approving the plaintiff's claim, Hartford terminated her benefits. Five months later, in an apparent effort to avoid a lawsuit, the insurance company reinstated the benefits retroactively.

The plaintiff nonetheless sued Hartford for bad faith, seeking damages for emotional distress caused by the temporary termination of her benefits.

Hartford argued that the plaintiff could not recover damages for emotional distress because she could not show physical or economic injury. According to the insurer, applicable Hawaii law requires proof of physical or economic losses in order for an insured to recover for emotional distress caused by alleged bad faith.

But the state supreme court decided that there is no such requirement, observing that the "basis for an insured's first-party bad faith claim is the insurer's conduct in breaching its duty to deal with its insured in good faith, not the insured's ultimate financial liability."

Accordingly, the court held that "if a first-party insurer commits bad faith, an insured need not prove the insured suffered economic or physical loss caused by the bad faith in order to recover emotional distress damages caused by the bad faith."

The court noted a similar decision from the Colorado Supreme Court, as well as a contrary ruling from the California Supreme Court.

Hawaii Supreme Court. Miller v. Hartford Life Insurance Co., No. SCCQ-11-0000329. Dec. 28, 2011. Lawyers USA No. 993-3500.

Copyright:  (c) 2012 ProQuest Information and Learning Company; All Rights Reserved.
Wordcount:  299

Advisor News

  • Wealth planning vs. estate planning: Honoring your client’s wishes
  • What to discuss during the first retirement planning meeting
  • Inflation, competing priorities and uncertainty erode retirement security
  • As health premiums rise, 1 in 8 workers cut retirement savings
  • CT governor’s candidates claims: What’s true, and what’s misleading
More Advisor News

Annuity News

  • National Life Group expands annuity portfolio
  • AM Best to Join Life/Annuity Insurance-Focused Panel Discussion at Capitol Forum Event
  • USAA Earns No. 1 Ranking in JD Power Individual Annuity Study for the Third Consecutive Year
  • How flexible annuities fit today’s retirement portfolios
  • Foresters Financial appoints Tom Ross as chief distribution officer for U.S. annuity sales
More Annuity News

Health/Employee Benefits News

  • PA-08 DEBATE: ROB BRESNAHAN VOTED TO STRIP MORE THAN 21,600 CONSTITUENTS OF THEIR HEALTH INSURANCE WHILE ENRICHING HIMSELF
  • Missouri approves 2027 ACA health insurance rate hikes, most in double digits
  • How the law protecting Americans from surprise medical bills is driving up healthcare costs
  • Medicare Plus supplement vs. Medicare Advantage (Maybe) 2026– Healthful Hints
  • ‘Medically frail’ Medicaid enrollees won’t have to prove their inability to work to keep coverage
More Health/Employee Benefits News

Life Insurance News

  • AM Best Affirms Credit Ratings of Insignia Life S.A. de C.V.
  • FINANCIAL FRAUD
  • Security Benefit Announces Planned Dividend Rate Reset for Series B Preferred Stock
  • Palmetto Heritage and Atlantic Coast Life Announce Discussions Regarding Potential Acquisition
  • Jury finds insurance company acted in bad faith, awards Nebraska woman $11.3M
More Life Insurance News

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Press Releases

  • Spectrum Weather & Specialty Insurance Celebrates 15 Years and Welcomes the Next Generation
  • Royal Neighbors of America® Increases Service Capacity
  • Benefits Studio Launches to Fill the Missing Middle of Benefits Navigation at $49/mo
  • Lauren Sinnott Named to Ragan’s Top Women in Marketing Awards, Class of 2026 
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Meet our Editorial Staff
  • Advertise
  • Contact
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.