Image: HOLLYN JOHNSON/Tribune-Herald Susie Osborne, in a July file photo. Judge denies dismissal of Leilani homeowner’s lawsuit News Source: Hawaii Tribune Herald For the second time in a month-and-a-half, a Hilo Circuit Court judge has denied a motion by Lloyd’s of London to dismiss a lawsuit brought against the insurer by a Puna homeowner. The…
For the second time in less than a month, Third Circuit Judge Henry Nakamoto entered an order denying a motion to dismiss a lawsuit brought by Puna homeowners against Lloyd’s of London. Lloyd’s sought the dismissal of the bad faith, consumer protection, and conspiracy claims in a lawsuit filed by Susie Osborne, the founder and director of Hawai‘i Island’s Kua o Ka Lā New Century Charter School.
Big Island residents Philip and Lunel Haysmer are among the homeowners who were first denied insurance coverage by Lloyd’s of London after they lost their homes due to Kilauea’s eruption. The company has since reversed itself.
After a tough year, Big Island residents Philip and Lunel Haysmer cried when they got the news.
The retired couple from California recently learned that Lloyd’s of London had reversed its earlier decision denying their insurance claim for the Leilani Estates home they lost during Kilauea’s eruption earlier this year.
“My wife and I broke into tears,” he said of their reaction.
Lloyd’s initially denied the claims of the Haysmers and dozens of other Puna homeowners who lost their homes and had Lloyd-sponsored policies through Monarch E&S Insurance Services and other companies, according to Jeffrey Foster, a Kona attorney who represents about 20 such homeowners.
HILO — Lloyd’s of London has agreed to pay policyholders whose claims were denied following the Kilauea eruption, according to an attorney suing the company.
Kona attorney Jeff Foster said the payments will be made to those who experienced a total loss and were denied because of controversial “lava exclusion” language. He said that should affect dozens of policyholders, with payments totaling “tens of millions” of dollars.
A week after losing a motion to dismiss in Hawaiian state court, Lloyd’s of London has abruptly reversed all denials of claims for victims of the Kīlauea Volcano eruption that began on May 3, 2018. Lloyd’s has agreed to pay policy limits plus 10% interest to policyholders who were previously denied coverage by Lloyd’s, a payout estimated to be in tens of millions.
After the volcano eruption, Lloyd’s denied all claims made by homeowners whose homes were destroyed and personal belongings lost due to fire or other cause.
“I couldn’t be happier for our clients and all of the people in Pāhoa who lost so much since the eruption of Kīlauea,” said Jeffrey Foster who represented several dozen victims of Lloyd’s alleged deceptive practices and bad faith claims. “We applaud Lloyd’s for taking a step in the right direction.
HONOLULU (HawaiiNewsNow) – Families who lost their home in the Kilauea eruption were angered to learn their insurance company wouldn’t cover the damages brought on by the lava.
A legal battle ensued and several months later, the insurance company appears to have changed its stance.
Lunel and Philip Haysmer paid $2,700 a year in premiums to Lloyds of London. When their home burned in early May at the height of the Kilauea eruption, they filed a claim with the insurance company.
In July, the company denied the claim saying that the fine print in the Haysmer’s policy specifically excluded all “direct or indirect” damages from lava.
The couple filed a lawsuit suing the company for failing to honor damage claims.
But a day before Thanksgiving, the couple learned Lloyds of London altered their decision to deny the the claims of the Haysmers, and other homeowners in similar situations.
“It couldn’t have been any better happening the day before Thanksgiving. It actually put us both into tears for a while. It has been such a stressful period not knowing whether you’d go the rest of your life on a very meager income or if we would have that money to rely on at some point,” Philip Haysmer said.
HILO (HawaiiNewsNow) – A Big Island judge denied Monday an insurance company’s motion to dismiss a lawsuit filed by an elderly couple whose Leilani Estates home was lost in the Kilauea eruptions.
Philip and Lanell Haysmer are suing insurance company Llyods of London.
The couple, who are in their seventies, say they paid $3,000 a year for insurance, but their claims were denied without an adjuster even visiting their property.
A Hilo judge will decide whether certain defendants will be dismissed from a lawsuit filed by an elderly Leilani Estates couple who allege their insurer is acting in bad faith by not approving the claim they made after losing their home during the eruption of Kilauea volcano earlier this year.
Honolulu attorney Lennes Omuro, representing the defendants, argued Oct. 31 before Hilo Circuit Judge Henry Nakamoto that claims of bad faith brought by Philip and Lanell Haysmer against John Mullen and Co., Arm Claims Inc. and Specialty Group LLC won’t withstand legal scrutiny and should be dismissed.
HONOLULU (KHON2) – A special education teacher on the Big Island has been arrested for allegedly assaulting one of his students.
The boy’s family says the teacher choked him and threw him against a fence, while an aide assigned to the child did nothing to stop it.
The boy’s mother says the fifth-grader has been traumatized. And he hasn’t been able to go back to school since it happened last week Monday.
“I have all these bruises all around my neck,” said 12-year-old Dashay Souza Nascimento.
His family says he was on a field trip with other special education students at Keaau Elementary School when he started acting up and threw a rock at his teacher. A witness who called the police told Dashay’s mother what happened next.
KEALAKEKUA — A man accused of driving drunk twice within 24 hours and striking a pedestrian within that time was found guilty by a 3rd Circuit Court judge on Wednesday and sentenced to five years incarceration, despite the defendant’s no contest plea.
Nicholas Martin was first arrested on the evening of Nov. 30, 2017, after striking a parked vehicle on Lako Street in Kailua-Kona. Deputy Prosecutor Mark Disher stated to the court that his blood alcohol content level measured at 0.172, more than double the legal limit.