Bad Faith Blog

Summary: Fidelity National defended its title insured, Anastasi, for several years before settling the quiet title action filed against him and paying his claim. In the bad faith action that followed, the trial court granted summary judgment which was vacated and remanded by the Intermediate Court of Appeals (ICA) which was in turn vacated and remanded by the Supreme Court of Hawaii.

Summary: The Hawaii Supreme Court held that an excess insurance company can pursue an equitable subrogation bad faith cause of action against a primary insurer which had in bad faith failed to settle a claim within the primary policy limits.