Enoka v. AIG Hawaii Ins. Co., Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that auto insurers do not act in bad faith when they deny payment based on “an open question of law.”
• noting that AIG's denial of no-fault benefits was based upon an open question of law and therefore could not give rise to the tort of bad faith
• “ ‘[Extreme emotional distress’ constitutes, inter alia, mental suffering, mental anguish, nervous shock, and other ‘highly unpleasant mental reactions.’”
• “Surely an insurer must act in good faith in dealing with its insured and in handling the insured’s claim, even when the policy clearly and unambiguously excludes coverage.”
• issues not preserved at the circuit court level are deemed waived
• “where an insurer denies the payment of no-fault benefits based on ‘an open question of law,’ there is ‘obviously no bad faith on the part of the insurer in litigating that issue’ ”

Source: CourtListener parenthetical corpus (CC0).