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WITTIG v. ALLIANZ, A.G.

No. 26227.

145 P.3d 738 (2006)

Sue Sun Won WITTIG, And As To Some Claims, On Behalf of the Class of Other Similarly Situated, Plaintiff-Appellant, v. ALLIANZ, A.G.,; Fireman's Fund, and Nelson B. Befitel, Director, Department of Labor, State of Hawai`i, Defendants-Appellees, and John Doe 1-10, et al., Defendants.

Intermediate Court of Appeals of Hawai`i.

As Corrected July 3, 2006.

Attorney(s) appearing for the Case

Stephen M. Shaw, on the briefs, for Plaintiff-Appellant.

Richard F. Nakamura, Steven L. Goto, (Ayabe, Chong, Nishimoto, Associate Judge Sia & Nakamura), on the briefs, Honolulu, for Defendants-Appellees.

LIM, Acting C.J., FOLEY, and NAKAMURA, JJ.

Opinion of the Court by NAKAMURA, J.

In this case, a workers' compensation insurer made an offer to settle a workers' compensation claim on terms that included the employee's resignation. The employee sued, alleging bad faith on the part of the insurer. We hold that the insurer's inclusion of a resignation term in its settlement offer did not constitute bad faith per se. We further hold that summary judgment in favor of the insurer was proper because the evidence...

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