Lloyd’s of London Reverses Course, Will Pay Kīlauea Victims

Big Island Now

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.

Homeowners who lost everything in the Kilauea eruption will be covered by insurance after all

Hawaii News Now

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.

Judge denies insurance company’s bid to dismiss lava victims’ suit

Hawaii News Now

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.

Leilani insurance lawsuit hits court

West Hawaii Today

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.

Big Island special education teacher arrested for allegedly choking a student

Khon2

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.

Court finds double DUI suspect guilty, hands down 5-year sentence

West Hawaii Today

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.

Toddler’s death last year in Waimea under investigation by prosecutor’s office

Hawaii Tribune Herald

KAILUA-KONA — The parents of a 3-year-old toddler who died last year while in foster care are hopeful a 44-year-old Honokaa woman arrested for murder in connection with the boy’s death will be brought to justice.

“Today, our suspicions and worst fears were confirmed when we were told that our 3-year-old son, Fabian Garett-Garcia, was murdered,” says Fabian’s parents, Sherri-Ann Garett and Juben Garcia, in a statement via their attorney, Jeffrey Foster. “There are no words that can describe the way we feel today.

Third Lava Lawsuit Filed Against Lloyd’s of London

Big Island Now

Another lava lawsuit has been filed against Lloyd’s of London, according to Hawai‘i Attorney Jeffrey Foster, who is representing Susie Osborne, the founder and director of the Big Island’s Kua o Ka Lā New Century Charter School.

She is taking on a network of affiliated agents, brokers and adjusters tied to Lloyd’s of London after the world’s largest insurer allegedly sold her a Lloyd’s certificate of home insurance, then illegally denied her coverage after her home burned to the ground, according to a new lawsuit filed by Foster Law Offices.

Second Lava Lawsuit Filed Against Lloyd’s of London

Big Island Now

The home in Leilani Estates remains standing.

It is not covered in Kīlauea’s lava and has not burned to the ground.

Although Lloyd’s of London confirmed in writing that this home was a “total loss,” the insurer denied another homeowner the benefits paid for with thousands of dollars in premium payments, according to Big Island Attorney Jeffrey Foster, who is spearheading the legal fight against the world’s largest insurer.

Insurer denies claim submitted by elderly couple displaced by lava

Hawaii News Now

PUNA, BIG ISLAND (HawaiiNewsNow) – Lloyd’s of London, a national insurer, has officially denied a claim submitted by an elderly couple who is now living in a friend’s garage.

The denial came via fax just days after the Leilani Estates residents sued for failing to give them lava damages — despite paying $2,700 a year in premiums.

Philip and Lunel Haysmer’s home burned down in early May when lava first entered into the Puna subdivision. According to their suit, the insurer, a syndication group led by Lloyd’s of London, has failed to honor their damage claims.

Their lawyer, Jeffrey Foster, said the couple is among a dozen homeowners whose claims are being denied.