Hawaii Supreme Court says insured needn’t prove tangible losses in bad faith suit [Lawyers USA]
| 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
The plaintiff purchased a
A year after approving the plaintiff's claim,
The plaintiff nonetheless sued
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
| Copyright: | (c) 2012 ProQuest Information and Learning Company; All Rights Reserved. |
| Wordcount: | 299 |


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