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Hawaii’s top court hears insurance industry claims on $4B wildfire settlement

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Hawaii’s top court hears insurance industry claims on B wildfire settlement


HONOLULU (HawaiiNewsNow) – The Hawaii Supreme Court heard a $4 billion argument Thursday over the Maui wildfire lawsuits.

The court faces a decision that could kill the so-called “global” settlement between victims, Hawaii Electric, the state, Kamehameha Schools and other entities.

The unusual arguments pitted supporters of the settlement, including those responsible for the damage, against the insurance industry.

The key issue was whether insurance companies should have been included in the settlement for the $3 billion they say they are paying out in property damage claims.

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Insurance industry attorney Adam Romney pointed out that the industry has already paid out more than the $1.9 billion Hawaiian Electric has committed to the settlement.

“We will have to pay more than the people who actually caused the damage and that is fundamentally inequitable,” he said. “Ultimately we didn’t start the fire. We’re the people who start paying moneys immediately when the claims start coming in.”

Before the settlement, the insurers filed their own lawsuit against many of the same defendants.

So plaintiffs’ attorney Jesse Creed accused the insurers of a money grab.

“The insurers want a bigger piece of the pie and they want the leverage they can exploit out of a direct claim,” he said.

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The plaintiffs as well as attorneys for the defendants are also hoping the courts will block the insurers from filing their own lawsuits which would upend the settlement.

An attorney for the defendants, Ginger Anders, says $4 billion was all they could afford.

“The mediator did find that this was the most that the defendants could reasonably be expected to pay,” she said.

Also participating Thursday was attorney Terrance Revere, who expects to represent another batch of defendants in a class action case, alongside victims who have hired attorneys and filed individual lawsuits.

“We don’t want our county to go bankrupt. We don’t want to take huge amounts from the biggest charity in the state,” he said. “We are trying to do something that is reasonable.”

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Victims aren’t supposed to double dip, or get money from both the settlement and their insurance company for the same damages. That’s why insurers say they are entitled to money from the settlement.

But Chief Justice Mark Recktenwald and other justices asked whether the law provides a process to reimburse insurers after the victims are paid.

“You file a claim for a lien or assert a claim for a lien, and then the court is supposed to decide whether to recognize that claim or not,” Recktenwald said.

Romney responded that the insurers did not want to be in the position of filing claims against their own clients and that a global settlement, including insurers, is the right answer.

“We welcome settlement of this case,” Romney said. “We would like there to be a settlement that helps everybody, that resolves all claims.”

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The chief justice promised a ruling as soon as possible. Both sides expressed confidence they had carried the day.

“I’m very confident,” said plaintiffs’ attorney Cynthia Wong. “I’m very confident in our Hawaii Supreme Court.”

Creed agreed, “I’m confident not only based on the argument, but on the law, we are right on the law.”

Mark Grotefeld spoke for the insurers outside the courts chambers.

“We feel very good about our chances here,” he said.

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Even if the Supreme Court does rule quickly in favor of the plaintiffs, that will not immediately release money to the victims.

Attorneys say there will be a process in Maui Circuit Court that will determine if everyone is getting the right amount of money, including the insurance companies.

Meanwhile, the attorneys said there may still be time for a new agreement.

Both sides say they are still willing to work out a new deal.

The industry says it was given a cold shoulder by negotiators for victims and defendants and the state, during mediation that led to the $4 billion deal.

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“Did we meaningfully participate?” Romney told the court. “We were present. We were present, but we really didn’t have a say in what happened.”

He said insurers were offered some money in the mediation, but not enough.

“They walked in and said here is the number. We are not going to tell you how much of the number you get,” Romney said. “That was not an acceptable proposal for large client, large insurance companies that have to say, ‘What does that mean for all future cases for all future wildfire settlements?’”

The dispute has been delayed the settlement by five months as insurers pursued their own lawsuits against the electric company and other defendants, including the county.

The justices’ questions didn’t indicate either side was a clear winner, so to avoid losing and a potential precedent that could harm either side for the future, both sides may try to rewrite the settlement.

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“We want to sit at the table with the defendants, with the lawyers for the individuals and come to a proper resolution that would be well within the defendants ability to pay,” Grotefeld said. “We aren’t looking to bankrupt everybody.”

Plaitiffs attorneys say they are also willing to talk.

“We haven’t stopped the process of mediation. We’re still always trying to discuss settlement,” Wong said, “But if we can’t settle, the Hawaii Supreme Court will allow us to move forward with finality.”

With uncertainty about how long the court may take to rule, the negotiations could accelerate to try and finish before a ruling. If the court rules for the insurers, all negotiations would begin from nearly the beginning.

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8 Reasons to Love Waimea on Hawaiʻi Island – Hawaii Magazine

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8 Reasons to Love Waimea on Hawaiʻi Island – Hawaii Magazine


While it shares its name with the canyon on Kauaʻi and the bay and valley on Oʻahu, the town of Waimea on Hawaiʻi Island stands apart in a delightful way.

Located toward the northern tip of the Big Island, Waimea is unlike any other town on the Big Island—and it’s one of my favorites to visit for that reason. I always look forward to the serene drive north from Kona, as barren lava fields give way to rolling green pastures. You know you’ve arrived in Waimea as you begin to see herds of cattle roaming, hinting at the area’s deep-rooted ranching history.

But beyond its paniolo (cowboy) culture, Waimea—also known as Kamuela to help distinguish it from other locales—is home to a welcoming community of independent businesses, award-winning farm-to-table restaurants, bustling farmers markets and more.

While visiting the Big Island, here are 10 reasons to stop in Waimea.

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1. Fascinating Paniolo History

The 4th of July rodeo at Parker Ranch is the largest annual event in Waimea on Hawaiʻi Island.
Photo: Courtesy of Parker Ranch/Jacob Tavares

While paniolo culture is prevalent across the Islands, one of the best places to learn about Hawaiʻi’s cowboys is where the tradition started. After all, Waimea was home to cowboys before the American West.

In the 1830s, three Mexican vaqueros were brought to the Islands to teach Hawaiians how to rope, slaughter, breed cattle and work with horses. As a result, a class of dexterous Hawaiian cowboys ensued, long before the first big cattle drives of the Old West.

Named paniolo, a Hawaiian iteration of the word Español, local cowboys created their own style and practices distinct from the vaquero.

Today, you can take a self-guided tour of Hawaiʻi’s oldest and largest working ranch, Parker Ranch, which remains committed to preserving the heritage of the area.

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Not far from Parker Ranch, Kahuā Ranch was established in 1928. The ranch welcomes visitors for horseback riding tours through electric green pastures with panoramic views of the coastline. You can also book a spot for an exciting paniolo barbecue dinner at the ranch.

2. Vibrant Farmers Markets

Kamuelafarmersmarket

The Kamuela Farmers Market is one of the many farmers markets held every week in Waimea.
Photo: Hawaiʻi Tourism Authority (HTA)/Dana Edmunds

Browse the bounty of crops grown in the region, along with handcrafted goods, at several Waimea farmers markets. The Waimea Town Market, Kamuela Farmers Market and Kūhiō Farmers Market are on Saturdays, and the Pukalani Midweek Market on Wednesdays.

3. Hawaiian Style Café

The teri-beef burger-chicken cutlet plate lunch.
Photo: David Croxford

For local comfort food, Hawaiian Style Café is a must-try. Serving the community since 1993, the restaurant dishes out massive loco mocos and plate lunches, from kālua pork to kalbi ribs.

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4. Farm-to-Table Restaurants

Merrimanswaimea

Since 1988, Merriman’s in Waimea has been a leading restaurant in farm-to-table practices.
Photo: Courtesy of Merriman’s Waimea

Waimea isn’t just known for its historic ranches; it’s also surrounded by a bounty of local farms. Along with local ranchers and fishermen, these farms and others across the island supply farm-to-table restaurants like Merriman’s Waimea and FORC with the freshest ingredients available. As a result, diners can savor thoughtfully prepared dishes that highlight the flavors and spirit of the Islands.

READ MORE: The 5 Best Farm-to-Table Restaurants on Hawaiʻi Island

5. Pâtisserie Nanako

Top 5 Patisserie Nanako

A spread of Pâtisserie Nanako’s popular desserts: raspberry ladybug mousse, strawberry shortcake, lilikoʻi mango mousse, vanilla cream puff, and mac nut carrot cake.
Photo: Lauren Okinaka

Since opening in 2021, this family-owned shop has become beloved among locals and visitors for its Japanese-style pastries. (There’s usually a line out the door, but it moves quickly!) From pillowy strawberry shortcake and delicate cheesecake to a curry pan (buttery bread stuffed with savory curry), everything is made with care at Pâtisserie Nanako.

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The raspberry ladybug is the bakery’s signature dessert. With a light chocolate cake base, the rich chocolate mousse is encased in a glossy raspberry glaze. And it’s delightful!

6. Cherry Blossoms Bloom in the Spring

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The Waimea Cherry Blossom Heritage Festival is held every February to celebrate the cultural significance of the trees.
Photo: Island of Hawaiʻi Visitors Bureau (IHVB)/Kirk Lee Aeder

Cherry blossoms are among the world’s most iconic symbols of spring. While Japan is famous for its pink sakura, few know about the pockets of cherry blossoms hidden throughout the Hawaiian Islands—including in Waimea.

In the 1950s, cherry blossoms were introduced to the town and by the 1970s, dozens were planted along Waimea’s Church Row. Today, the Waimea Cherry Blossom Heritage Festival is held every February to celebrate the cultural significance of the trees here in the Islands and beyond. The festivities include a tea ceremony, art show, crafts, cooking demonstrations and more—all surrounded by the beauty of the sakura trees.

7. Kahilu Theatre

Built in 1980, Kahilu is a multidisciplinary art center that brings the community together through live performances. It hosts ʻukulele and slack-key guitar festivals, jazz performances, plays and more. Check out events and shows here.

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8. Waimea Nature Park

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Waimea Nature Park has the largest collection of variously colored ‘ōhi‘a lehua trees in the state.
Photo: Courtesy of Hawai‘i Tourism Authority (HTA)/Kirk Aeder

Spread across 20 acres, Waimea Nature Park—also known as Ulu Lāʻau—is a serene place for a stroll or a peaceful rest. The former pastureland was acquired by the Waimea Outdoor Circle in 1999, and volunteers soon planted native species and transformed it into a park. Today it boasts the largest collection of  ʻōhiʻa lehua trees in the state.


Grace Maeda is the editor of HAWAIʻI Magazine.

Categories: Hawai‘i Island, Hawai‘i Island What To Do





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Hawaii Island Police search for endangered 13-year-old runaway

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Hawaii Island Police search for endangered 13-year-old runaway


HAWAIIAN ACRES (HawaiiNewsNow) – Hawaii Island Police is asking for the public’s help in finding an endangered 13-year-old runaway.

Johnessa Elkin-Kanae was last seen on Saturday at 1:30 p.m. on Io Kea Road in Hawaiian Acres.

Johnessa is a 13-year-old girl, 5′2″, 120lb, with brown eyes and black shoulder-length curly hair.

She was last seen wearing white pants and a dark colored shirt.

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She is considered endangered due to her age.

If you have info that can assist in helping safely locate Johnessa Elkin-Kanae, please call the police at 911 or the non-emergency line at (808) 935-3311.



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Alejado’s 3 TD passes, Barfield’s late score drive Hawaii 31-19 over Colorado State

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Alejado’s 3 TD passes, Barfield’s late score drive Hawaii 31-19 over Colorado State


FORT COLLINS, Colo. (AP) — Micah Alejado threw three touchdown passes — two to Jackson Harris — and Cam Barfield scored a game-sealing 35-yard touchdown on fourth down to give Hawaii a 31-19 win over Colorado State on Saturday night.

On a fourth-and-1 with 2:49 remaining, Barfield broke a would-be tackle by Jace Bellah to cap the scoring.

The win guarantees Hawaii (6-2, 3-1 Mountain West Conference) will be bowl eligible for the first time under coach Timmy Chang.

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Alejado led the Rainbow Warriors to a 24-7 lead with 3:09 remaining in the third quarter. He found Harris twice for scores, highlighted by a 75-yard, one-play drive midway through the second quarter.

Alejado was 26-of-38 passing with 301 yards. Harris had five catches for 109 yards. Nick Cenacle added seven catches for 70 yards and scored the opening touchdown.

Colorado State (2-5, 1-2) was limited to 106 total yards in the first half. The Hawaii defense finished with seven pass breakups, eight tackles for losses, six sacks — including on the Rams’ final two plays — and a pair of forced fumbles.

Jackson Brousseau was 15 of 29 for 176 yards passing and a touchdown.

Kansei Matsuzawa’s 26-yard field goal in the third quarter was his 21st consecutive field goal, breaking the Hawaii program record.

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