Injury Lawyer Hawaii
William Lawson, Esq.
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Honolulu, HI 96813
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In December 2013, the 9th Circuit Court of Appeals affirmed a lower court order imposing attorneys' fees of over 25 times the plaintiff's actual damages as sanctions for a prevailing party in a case involving a statute imposing attorneys' fees against a losing party for public policy reasons. Hawai'i has just such a statute imposing sanctions against a losing automobile insurer who denies coverage for uninsured motorist (UM) or underinsured motorist (UIM) benefits to a prevailing insured. It is good to know that insurers who wrongfully deny UM and UIM coverage to their insureds cannot make it uneconomic to pursue such benefits simply by being vexatious litigants.
See, Muniz v. UPS, 738 F. 3d 214 (9th Cir. 2013).