Amicus Library

Hawaii

Bad Faith
Emotional Distress

Hawaii

A showing of bad faith is not contingent on the presence of any economic loss. Rather, UP argued, a claim of bad faith should rest on improper claim-handling alone.

Charles Mitchell Hart and Lisa Marie Hart v. TICOR Title Insurance Company

Year: 2011

Court: Hawaii Supreme Court

Case Number: SCWC-29467

Issue:

Duty to Defend
Title Insurance

State:

Hawaii

The policyholders’ land was insured under a title insurance policy they’d bought from TICOR. When the State of Hawaii filed a suit against them related to the land, they turned to TICOR for a defense, but it denied their claim. In an amicus brief drafted…