Hawaii Supreme Court To Decide Agent's Alleged Negligence in Failing to Submit Claim

February 14, 2023
Tred R. Eyerly - Insurance Law Hawaii

The Hawaii Supreme Court granted certiorari in a case involving an agent's alleged negligence in deciding not to submit a claim. Pflueger, Inc. v. AIU Holdings, Inc., 2023 Haw. LEXIS 3 (Haw. Ct. App. Jan. 6, 2023). Our post on the Intermediate Court of Appeals decision is here

The insured received a subpoena and informed the agent. The agent responded that a subpoena was not considered a "claim" and did not submit the claim to the insurer. Later, the insured's attorney submitted the claim which was denied as untimely. The insured settled with the insurer, but continued the lawsuit against the agent.

Mr. Eyerly may be contacted at te@hawaiilawyer.com


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