Elizabeth MILLER and Martin Kahae, as Co-Personal Representatives of the Estate of Penelope (Penny) Spiller, Deceased, and as Party-Plaintiffs for Penelope (Penny) Spiller, Plaintiffs,
v.
HARTFORD LIFE INSURANCE COMPANY, a Connecticut Domestic For-Profit Corporation and MedAmerica Insurance Company, a Pennsylvania Domestic For-Profit Corporation, Defendants.
Supreme Court of Hawai`i.https://leagle.com/images/logo.png
December 28, 2011.
December 28, 2011.
Attorney(s) appearing for the Case
Paul Alston, David A. Nakashima and Malia E. Kakos of Alston Hunt Floyd & Ing, on the briefs, for Defendants Hartford Life Insurance Company, a Connecticut Domestic For-Profit Corporation and MedAmerica Insurance Company, a Pennsylvania Domestic For-Profit Corporation.
Mark S. Davis, Michael K. Livingston and Loretta Sheehan of Davis Levin Livingston, on the briefs, for Plaintiffs Elizabeth Miller and Martin Kahae, as Co-Personal Representatives of the Estate of Penelope (Penny) Spiller, Deceased, and as Party-Plaintiffs for Penelope (Penny) Spiller.
Alan Van Etten of Deeley King Pang & Van Etten, LLLP, on the briefs, for Amicus Curiae, United Policyholders.
RECKTENWALD, C.J., NAKAYAMA, ACOBA, DUFFY, AND McKENNA, JJ.
Supreme Court of Hawai`i.
Opinion of the Court by DUFFY, J.
The United States District Court for the District of Hawai`i (District Court) certified the following questions of law to this court:
1. If an insurer commits bad faith, must an insured prove she suffered substantial economic or physical loss caused by the bad faith to recover emotional distress damages caused by the bad faith?2. If an insured must suffer substantial economic or physical loss to qualify for emotional...
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