Hawaii Disability Insurance Claims

We are a healthcare/professional disability insurance law firm with a national reputation for obtaining successful results for our clients. Our firm has represented physicians, dentists, lawyers, executives and other professionals throughout the country, with the goal of securing and protecting their entitlement to benefits on own-occupation disability insurance policies.

We consult with physicians, dentists, attorneys and business executives filing disability claims throughout Hawaii, including the Honolulu and Hilo areas. If you’d like to discuss your particular claim with our attorneys, we are happy to set up a free consultation.

Below are some resources for policyholders filing disability insurance claims in Hawaii. If you would like to learn more about the disability claim process or insurance bad faith in other states, please visit our homepage.

Does Hawaii Recognize Insurance Bad Faith?

In Hawaii, “[i]t is well settled . . . that in every first-party insurance contract, the implied covenant of good faith and fair dealing ensures ‘that neither party will do anything that will deprive the other of the benefits of the agreement.’” Adams v. Hawaii Med. Serv. Ass’n, 145 Haw. 250, 256–57, 450 P.3d 780, 786–87 (2019) (internal citations omitted).

As explained by the Hawaii Supreme Court, “[a] breach of this covenant is referred to as ‘bad faith’” and “[w]hen an insurer acts in bad faith, it gives rise to a cause of action for the tort of bad faith.” Id.

Hawaii’s Supreme Court has determined that “[t]he tort of bad faith is not a tortious breach of contract, but rather a separate and distinct wrong which results from the breach of a duty imposed as a consequence of the relationship established by contract.” Id. Therefore, “the tort of bad faith allows an insured to recover even if the insurer performs the express covenant to pay claims.” Id. Additionally, “[a] claim for bad faith arising from the relationship between the insurer and the insured can be grounded in an ‘unreasonable handl[ing]’ of the insured’s claim.” Id.

The case excerpts above are not meant to be a comprehensive discussion of each state’s first-party bad faith or disability insurance law. They are merely meant to act as a resource/starting point for those interested in learning more about how insurance bad faith works in their state.

You should always speak with an attorney before making any legal arguments relating to your disability claim.

Notable Hawaii Disability Insurance Cases

Raithaus v. Unum Life Ins. Co. of America, 335 F. Supp.2d 11098 (D. Hawaii 2004) (Hawaii urologist who had a long history of degenerative disc disease throughout his lower back and had undergone two lower back injuries filed a disability claim with Unum; the court concluded that surgery was a “material and substantial duty” of his “regular occupation”).

Est. of Doe v. Paul Revere Ins. Grp., 86 Haw. 262, 948 P.2d 1103 (1997) (Hawaii dentist filed a disability claim with Paul Revere/Unum due to HIV; Paul Revere initially approved the claim, then terminated benefits and demanded repayment of the prior benefits, claiming that the disability was not a covered loss under the terms of the policy because his HIV infection “first manifested” itself before the policy’s date of issue; the dentist passed away before the final appeal took place before the Supreme Court of Hawaii but his estate continued the lawsuit against Paul Revere/Unum; on appeal, the court rejected Paul Revere’s interpretation of the contract and held in favor of the dentist’s estate).

Common Disability Claim Questions

What should I expect when filing a disability claim?

What issues am I most likely to face handling my disability insurance claim alone?

Why are disability insurance claims made by physicians, dentists and other professionals especially targeted for denial or termination?

My disability claim was just denied. What should I do now?

What can my insurance company do when it is investigating my claim?

Do insurance companies conduct surveillance and, if so, when are they watching?

Why does my insurer want to conduct a field interview?

How can I tell if I have a true own-occupation policy?

What are the different types of disability policies?

Hawaii Federal District Court Locations

Professional disability claims are often filed in, or removed to, Federal Court given the amounts in controversy. When we work with local counsel to be admitted pro hac vice, we identify the courthouse that is closest to you. Below is a list of the primary Federal Courthouses in Hawaii, but there may be satellite courthouses that are closer to where you live.

Honolulu. 300 Ala Moana Boulevard, C-338, Honolulu, HI 96850.

Who Do Your Disability Insurance Attorneys Represent?

The lists below provide a representative overview of the types of professionals we represent, the disability companies we file claims with and litigate against, and a non-exhaustive list of some of the disabling conditions our prior clients have had.

Professionals

Physician Claims & Resources | Dentist Claims & Resources

Disability Insurance Companies

Disabling Conditions

The information provided above is offered purely for informational purposes. It is not intended to create or promote an attorney-client relationship, and does not constitute and should not be relied upon as legal advice.

Every claim is unique and the discussion above is only a limited summary of information that may be relevant to your claim. An experienced disability insurance attorney can help you assess your particular disability claim, or potential disability claim, and determine what options are available to you.

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