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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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10 Most Neighborly Towns In Hawaii

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10 Most Neighborly Towns In Hawaii


When visiting Hawai‘i, a stay in one of its smaller towns allows visitors to get a true sense of life in the islands, where locals gather at coffee shops and neighborhood parks, or head to the beach to relax with family and friends. In Kailua, mornings can start with macadamia nut pancakes before heading out on the water, while in Waimea’s cooler slopes and pasturelands are the perfect backdrop for a bike ride or hike. Whether spending the day in a surf town or a quieter inland community, visitors will find friendly locals and plenty of community spirit in these neighborly towns.

Kailua, Oʻahu

Lanikai Beach, Kailua, Oahu, Hawaii. Image credit Malachi Jacobs via Shutterstock

Kailua, the largest town on the windward side of Oʻahu, is a perfect family-friendly destination that combines a laid-back island lifestyle with great food and gorgeous beaches. Kick off the day at Boots & Kimo’s Homestyle Kitchen, a longtime local favorite known for its famous macadamia nut pancakes. Rent a kayak from Kailua Beach Adventures and take it for a spin in Kailua Bay’s calm waters. Avid kayakers will enjoy the paddle to the Mokulua Islands or to nearby Popoia Island (Flat Island). Afterward, enjoy shopping in Kailua Town and visit local favorites like the Fighting Eel boutique or Soha Living Kailua to find stylish Hawaiian clothing and home goods.

Waimānalo, Oʻahu

Aloha Naia Show at Sea Life Park Hawaii in Waimanalo Beach on the island of Oahu in Hawaii
Waimanalo Beach on the island of Oahu in Hawaii. Image credit Ritu Manoj Jethani via Shutterstock

Some of Oʻahu’s most stunning beaches and mountain views can be found in sleepy Waimānalo on the island’s windward side. With a backdrop of the dramatic Koʻolau Mountains, the area is home to local farms like Waimānalo Country Farms, which hosts seasonal events like its popular fall pumpkin patch. Make sure to try their famous ‘Nalo lemonade when you visit! For panoramic views, hike the paved, family-friendly Makapuʻu Point Lighthouse Trail, where you may even spot whales between January and March. Grab an ‘ono (delicious) sandwich from Kalapawai Cafe & Deli – Waimanalo, then head to Hūnānāniho Beach (Sherwoods Beach), where the shorebreak is perfect for kids and adults to enjoy a bodyboarding session!

Paia, Maui

Paia Fish Market in Paia, Hawaii.
Paia Fish Market in Paia, Hawaii. Image credit EQRoy via Shutterstock.com

Paia is a laid-back surfer’s paradise on Maui’s North Shore known for its bohemian vibe and plantation-era roots. Peruse the Historic District, filled with art galleries, cafés, and local shops. Stop in at Heart in Paia, a cute boutique where you can buy handcrafted jewelry directly from the local artist. Just outside town, Baldwin Beach Park’s long stretch of beach is ideal for bodyboarding and long walks, often with sea turtles resting along its shore. A short drive away, Ho‘okipa Beach Park is world-famous for its windsurfing and big winter waves. Make sure to book a reservation at Mama’s Fish House for special occasions. Its seafood-heavy menu changes daily depending on what has been caught, and the desserts are top-notch! For more casual fare, Paia Fish Market Restaurant is a go-to for its seafood.

Kula, Maui

Ali'i Kula Lavender farm, Maui, Hawaii.
Ali’i Kula Lavender farm, Maui, Hawaii.

Situated on the slopes of Haleakalā, Kula is located in Maui’s Upcountry region, known for its cool climate and panoramic island views. Visit Aliʻi Kula Lavender Farm to tour its scenic gardens filled with lavender, protea, and hydrangea. After your tour, visit the gift shop where you can pick up lavender-scented lotions and balms as well as a pack of the farm’s famous lavender scone mix. Nearby, Surfing Goat Dairy offers interactive tours where visitors can try everything from snuggling a baby goat to a hands-on milking experience. For a tranquil experience, stroll through Kula Botanical Garden, home to native plants, a koi pond, and an aviary. The high elevation of this area makes the air extra chilly, so remember your jacket!

Haleiwa, Oʻahu

Beachgoers at Alii Beach Park.
Beachgoers at Alii Beach Park, Haleiwa, Hawaii. Image credit Ritu Manoj Jethani via Shutterstock.com

Located on Oʻahu’s North Shore, Haleʻiwa is a vibrant surf town known for its massive winter waves, local boutiques, and casual food scene. For a refreshing treat, stop by Haleiwa Bowls for a popular açaí bowl. Just outside town, Shark’s Cove is a favorite summer snorkeling spot, with calm waters and rocky tide pools teeming with marine life. About 15 minutes away, Waimea Valley offers lush botanical gardens and the scenic Waimea Falls, where visitors can swim beneath a waterfall.

Hanalei, Kauaʻi

Hanalei Bay Beach in Hanalei, Hawaii.
Hanalei Bay Beach in Hanalei, Hawaii. Image credit Chase Clausen via Shutterstock

Located on Kaua‘i’s North Shore, Hanalei is a small town where surfers, artists, and taro farmers form a close-knit community. The town hugs Hanalei Bay, a two-mile stretch of beach framed by mountains and taro fields. Stroll along the iconic Hanalei Pier, a favorite spot for sunset views and photos over the bay. In town, pick up a coconut-flavored coffee from the Hanalei Bread Company and browse boutique shops along the main street. For a sweet treat, visit Holey Grail Donuts, known for its unique taro-based donuts fried in coconut oil.

Waimea, Hawaiʻi Island

Waimea's green pastures, Big Island, Hawaii.
Waimea’s green pastures, Big Island, Hawaii.

Kamuela, commonly known as Waimea, is a paniolo (cowboy) town shaped by ranching history and named in honor of Samuel Parker of Parker Ranch. Its rolling green hills and cool climate set it apart from the rest of the island. Explore its verdant pastures by bike with a guided ride from Big Island Bike Tours, where you will learn about the region’s history along the way. Visit Anna Ranch Heritage Center for a glimpse into historic ranch life and the legacy of Hawaiʻi’s cowboys. For dining, Merriman’s Big Island highlights locally sourced ingredients in an upscale setting, while Hawaiian Style Cafe is beloved by locals for its hearty portions and famous haupia pancakes.

Honokaa, Hawaiʻi Island

Historic 1930s building in Honokaa, Hawaii.
Historic 1930s building in Honokaa, Hawaii. Image credit Chris Allan via Shutterstock

Honokaa is a quiet former plantation town along the Big Island’s Hamakua Coast. Explore the boutiques, galleries, and cafés that line the town’s main thoroughfare, Mamane Street. Just outside town, the Waipiʻo Valley Lookout offers breathtaking views of cliffs and waterfalls cascading into the valley below. For a closer look, book a seat on the Waipiʻo Valley Shuttle Tour, the only way to access the valley floor. Five minutes outside town, the Honokaʻa Chocolate Farm offers guided tours where you will learn the ins and outs of growing cacao and chocolate-making. Make sure to pick up one (or several) of their delicious chocolate bars to take back home with you! No visit to Honokaʻa is complete without a stop at Tex Drive-In for its famous malasadas and local-style plate lunches.

Captain Cook, Hawaiʻi Island

Kealakekua Bay State Historical Park at Captain Cook on the Big Island in Hawaii.
Kealakekua Bay State Historical Park at Captain Cook on the Big Island in Hawaii. Image by Ritu Manoj Jethani via Shutterstock.

Captain Cook is a small South Kona town named after British explorer Captain James Cook. Visit the Kona Coffee Living History Farm, where you can learn about the town’s coffee-growing roots through an immersive experience as costumed workers demonstrate traditional coffee farming techniques in an open-air museum. Just down the hill, about a 10 to 15-minute drive, Kealakekua Bay offers some of the island’s best snorkeling and is home to the Captain Cook Monument, accessible by boat or via the challenging Kaʻawaloa Trail. Back in town, check out the historic Manago Hotel Restaurant, a family-run establishment that has been serving the local community since 1917. Make sure to try their famous pork chops!

Lānaʻi City, Lānaʻi

Hotel Lanai in Lanai City, Hawaii.
Hotel Lanai in Lanai City, Hawaii. Image credit EQRoy via Shutterstock

Lānaʻi City is a quiet, close-knit, plantation-era town that once served as the headquarters of James Dole’s pineapple empire. At its center is Dole Park, a shady gathering place perfect for picnicking. A short walk along the nearby streets will take you past local boutiques and cafes. Plan a stop at the Blue Ginger Cafe for hearty local dishes or Coffee Works for pastries and coffee. Tour the Lānaʻi Culture & Heritage Center, located just one block from Dole Park, to learn more about Lānaʻi’s immigrant communities and rich agricultural history. About 20 minutes away, Hulopoʻe Bay features one of the island’s best beaches and access to the scenic Puʻu Pehe (Sweetheart Rock) Trail. Hike this trail at sunset to catch a stunning view of the island’s coast.

Neighborhoods Like No Other

In these smaller towns, residents and visitors alike have the space to settle into the rhythm of the islands, enjoying gorgeous tropical views from the laid-back patio of a family-run farm or while strolling past local shops, coconut-flavored coffee in hand. Each stop reflects a different kind of neighborhood setting, from coastal communities to upland farming regions, where regional history, local businesses, and understated natural beauty shape these islands.

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Public takeover of Wahiawa dam and reservoir by state advances | Honolulu Star-Advertiser

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Public takeover of Wahiawa dam and reservoir by state advances | Honolulu Star-Advertiser




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Hawaii police investigate alleged gun threat at Kealakehe Intermediate

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Hawaii police investigate alleged gun threat at Kealakehe Intermediate


KONA (HawaiiNewsNow) – The Hawaii Police Department is investigating a terror threat at Kealakehe Intermediate School after a student reportedly intended to bring a gun to campus on Friday.

Police said they interviewed several students and, during the investigation, determined the student in question was absent and not on campus.

Authorities said they have not located anyone who directly heard the alleged threat, and the report has not been substantiated.

Police said the school remained open and its daily operations were not impacted.

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Anyone with information is asked to contact officer John Antonio at (808) 935-3311 or by email at John.Antonio@hawaiipolice.gov.

Anonymous tips can be sent to Crime Stoppers by calling (808) 961-8300. All Crime Stoppers information is kept confidential.



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