What to know about what's tying up a $4B settlement for Hawaii wildfire victims
The massive inferno decimated the historic town of
A settlement was announced last summer, but insurance companies held out, insisting that they should have the right to go after the defendants separately to recoup money paid out to policyholders.
The justices said they would take the matter under advisement and issue a ruling as soon as possible but didn't specify.
Here are things to know about the settlement and the issues that could thwart the deal:
The settlement won't be enough
A few days before the one-year anniversary of the
Attorneys representing the individual plaintiffs agreed to the deal amid fears that main defendant
Victims' attorneys acknowledged that
"They need every penny to restitch the fabric to bring the community back together,” attorney
Creed said he could relate to the losses the victims face because his own home, children's schools and place of worship just burned in the Palisades fire, one of the wildfires that brought widespread destruction around
Legal wrangling threatens the deal
Attorneys for the victims asked Judge
That didn't sit well with a group of about 200 property and casualty insurers that remain holdouts to the settlement. So far they have paid more than
Cahill has asked the state high court questions about subrogation, or how insurance companies can go about recouping money.
Among the questions before the court is whether state laws controlling health care insurance reimbursement also apply to casualty and property insurance in limiting companies' ability to pursue independent legal action against those held liable.
A last-minute deal between victims' lawyers last week averted a separate trial over how to split the
What is subrogation?
Common in the insurance industry, subrogation is a legal process that allows an insurance company to pursue a party that caused a covered loss. It's one way companies recover the amount of claims paid to policyholders.
Insurance companies say subrogation is a way to offset costs associated with a catastrophic event so premiums won’t have to go up. The process isn't for natural disasters such as hurricanes, but for when there is someone at fault.
When insurance companies collect huge profits and no disasters occur, they don't send refunds back to policyholders, Green noted in comments quoted in court filings. But when a tragedy does happen, they look to recoup their payments to the victims.
"It’s fundamentally unfair, and they call it subrogation,” he said.
Insurance companies say they have been unfairly villainized
The insurance industry has been unfairly villainized as outsiders taking resources from the community while those responsible for the fires won’t be held accountable,
Insurance lawyers have said they want to hold the defendants accountable and aren’t trying to get in the way of fire victims getting settlement money.
Origin and cause investigations are “time-intensive and costly," lawyers said in a court brief of insurers who “assume the burden of these investigations,” and take on the risk of those costs.
Insurers promptly paid claims, which are helping victims rebuild, the brief said: “For many wildfire victims, payment of claims by their insurer provided quick access to desperately needed funds.”
When will victims get paid?
Not for a while.
If the state Supreme Court agrees that an insurance company can sue defendants directly, “that would likely destroy the global settlement agreement,” said
If the justices rule the other way, the settlement could head toward finalization, putting in motion an administrative process for doling out money.
It's possible that whichever side loses will seek review at the
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