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Hawaii court rules against insurance companies in Maui wildfire, allowing $4B settlement to proceed

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Hawaii court rules against insurance companies in Maui wildfire, allowing B settlement to proceed


Hawaii’s Supreme Court ruled Monday that insurance companies can’t bring their own legal actions against those blamed for Maui’s catastrophic 2023 wildfire, allowing a $4 billion settlement that was on that the verge of collapse to proceed.

Other steps remain in finalizing the deal between thousands of people who lodged lawsuits and various defendants, including Hawaiian Electric Company.

The massive inferno that was the deadliest in the U.S. in more than a century decimated the historic town of Lahaina, killing more than 100 people, destroying thousands of properties and causing an estimated $5.5 billion in damage. Soon afterward, attorneys began lodging hundreds of lawsuits.

A settlement was announced last summer, but insurance companies held out, insisting that they should have the right to go after the defendants separately to recoup money paid out to policyholders.

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Monday’s ruling resolves a key roadblock to finalizing the deal and sends the case back to a Maui judge to determine next steps.

A representative for the insurance companies said he would get back to the The Associated Press to comment on the ruling and whether they will ask for review at the U.S. Supreme Court.

A key question that was before Hawaii Supreme Court was whether state laws controlling health care insurance reimbursement also apply to casualty and property insurance in limiting companies’ ability to pursue independent legal action against those held liable. The justices answered yes.

Plaintiff lawyers were worried allowing insurers to pursue reimbursement separately would be a deal-breaker, drain what is available to pay fire victims and lead to prolonged litigation.

Gerald Singleton, one of the many attorneys representing the plaintiffs, said they’re still trying to make sense of the ruling but are pleased with it. “Now the settlement can take the next step forward,” he said.

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RELATED STORY | California homeowners brace for 22% insurance rate hike following wildfires

A few days before the one-year anniversary of the Aug. 8, 2023, fire, Gov. Josh Green announced that seven defendants accused of causing the tragedy had agreed to pay $4 billion to resolve claims by thousands of people. They include the main defendant, Hawaiian Electric, as well as the state of Hawaii, Maui County and Kamehameha Schools, the largest private landowner in Hawaii.

Attorneys representing the individual plaintiffs agreed to the deal amid fears that main defendant Hawaiian Electric, the power company blamed for sparking the blaze, could be on the brink of bankruptcy. Other defendants include the state, Maui County and Kamehameha Schools, the largest private landowner in Hawaii.

Victims’ attorneys acknowledged that $4 billion wasn’t enough to make up for what was lost but said the deal was worth accepting, given Hawaiian Electric’s limited assets.

“They need every penny to restitch the fabric to bring the community back together,” attorney Jesse Creed told the justices during a hearing before the state Supreme Court last week.

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Creed said he could relate to the losses the victims face because his own home, children’s schools and place of worship just burned in the Palisades fire, one of the wildfires that brought widespread destruction around Los Angeles last month.

“Today’s decision will help our people heal much sooner, as we continue to rebuild and recover,” the governor said in a text message to the AP. Green had previously denounced as unfair insurance companies’ moves to recoup money they’ve paid to policyholders in a legal process that’s called “subrogation.

Subrogation is one way companies recover the amount of claims paid to policyholders.

Insurance companies say subrogation is a way to offset costs associated with a catastrophic event so premiums won’t have to go up. The process isn’t for natural disasters such as hurricanes, but for when there is someone at fault.

So far they have paid more than $2.3 billion to people and businesses affected by the Maui tragedy and expect to pay $1 billion more.

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Gov. Green responds to lawsuit challenging Hawaiian Homes program | Maui Now

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Gov. Green responds to lawsuit challenging Hawaiian Homes program | Maui Now


Department of Hawaiian Homelands.  Photo Courtesy: DHHL

Gov. Josh Green today issued a statement regarding a federal lawsuit challenging the eligibility requirements within the Hawaiian Homes Commission Act.

“The Hawaiian Homes Commission Act was established to address the historic dispossession of Native Hawaiians and reflects a longstanding commitment to them by both the federal government and the state of Hawaiʻi,” said Green.

“This lawsuit threatens that commitment. I have directed the Department of the Attorney General to vigorously defend the Hawaiian Homes program. We will fight this lawsuit with everything we have,” he said.

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The lawsuit was filed by Eric Ryan, an Oʻahu resident who is not Native Hawaiian and tried to apply for a lease, but was denied due to the 50% Native Hawaiian blood quantum requirement, according to Hawaiʻi News Now and court documents published at Courthouse News Service.

The Class Action Complaint argues that the “explicitly ancestry-based requirement” establishes a “permanent government mandate for state officials to engage in outright racial discrimination, perpetuates stereotypes, and limits housing opportunities for most Hawai‘i residents. The blood-quantum requirement thus violates the Equal Protection Clause of the Fourteenth Amendment and the Due Process Clause of the Fifth Amendment to the United States Constitution,” the complaint alleges.

Green said the administration “stands firmly with the Department of Hawaiian Home Lands and the thousands of Native Hawaiian beneficiaries who rely on this program and its promise for future generations.”

Attorney General Anne Lopez also issued a statement saying the state of Hawaiʻi has both a legal and moral obligation to uphold the commitments embodied in the Hawaiian Homes Commission Act.

“This lawsuit seeks to dismantle a program that has provided opportunities, stability and hope to generations of Native Hawaiian beneficiaries,” said Lopez.

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Solicitor General Kalikoʻonālani Fernandes, who has extensive experience handling complex constitutional litigation on behalf of the state, will lead the legal team in defending the state against the challenge.

“We are prepared to vigorously defend the Hawaiian Homes program and the promises it represents,” said Lopez.

Under the Green administration, the Department of Hawaiian Home Lands has accelerated the delivery of homestead opportunities and expanded pathways to homeownership for Native Hawaiian beneficiaries.

In 2025 alone, DHHL offered more than 2,500 lease awards and continues to advance major housing projects, including Hale Mōʻiliʻili on Oʻahu, which will provide 278 affordable rental units for beneficiaries.

“These efforts reflect the administration’s commitment to reducing wait times, strengthening Native Hawaiian communities and fulfilling the promise of the Hawaiian Homes Commission Act,” according to the governor’s announcement.

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Bystander video shows damage after concrete falls at Ala Moana Center

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Bystander video shows damage after concrete falls at Ala Moana Center


HONOLULU (HawaiiNewsNow) – Concrete fell from the exterior of an Ala Moana Center parking structure Monday afternoon near the Kapiolani Boulevard exit, damaging a vehicle.

No injuries were reported.

Security blocked an exit lane as debris scattered across the roadway. Ala Moana Center said they are grateful no one was hurt, and the lane will remain closed while structural engineers and construction professionals assess the damage and make repairs.

Copyright 2026 Hawaii News Now. All rights reserved.

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Hawaii weather: USGS revised 4.6 magnitude earthquake off Kona coast, south swell, passing showers

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Hawaii weather: USGS revised 4.6 magnitude earthquake off Kona coast, south swell, passing showers


Periods of showers on the radar continues with a disturbance over the islands, we will see drier trades later this week. IMPORTANT NOTE: USGS revised magnitude to 4.6 earthquake off the Kona coast after initially listing as a 5.2; plus, numerous showers on the radar and low hanging clouds and a south swell



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