Following its order dated February 10, 2025, the Hawaii Supreme Court issued its full opinion, explaining its answers to the reserved questions addressed in the order. In the Matter of the Petition for the Coordination of Maui Fire Cases, Haw Sup. Ct., SCRQ-24-0000602 (March 17, 2025) [Prior post on order here].

The global settlement reached by the individual and class plaintiffs and defendants required, as a condition precedent, either a release by insurance carriers of all subrogation claims against the defendants, or a final, unappealable order and judgment that the insurers' exclusive remedy for all subrogation claims would be a lien against the settlement under Haw. Rev. Stat. 663-10.

Mediation between the individual action plaintiffs, consolidated class plaintiffs, defendants, and subrogation insurers resulted in a settlement term sheet signed by all parties except the subrogation insurers. The term sheet contemplated a global settlement that resolved all claims against the defendants. The term sheet also required an agreement or judgment resolving the subrogating insurers' claims against the defendants as a condition precedent to the proposed settlement.