SUPERIOR COURT PROBATION CONDITIONS OF THE LIQUIDATION OF FOREST FIRE OF MAUI

Jamm Aquino / Jaquino @staradvertiser.com The president of Justice, Mark Tidtenwald, on the left, took his place on the bench on Thursday during the start of an audience on settlements related to the forest fires of Lahaina 2023 in the Supreme Court Hawaii.

1/5 Jamm Aquino / Jaquino @Staradvertiser.com The president of the President of the Justice Marktenwald, from above to the left, took his place on the bench on Thursday during the start of a hearing on the settlements related to the forest fires of Lahaina 2023 in the Supreme Court of Hawaii.

Jamm Aquino / Jaquino @Staradvertiser.com Lawyer Ginger Anders, on the right, went to the Hawaii Supreme Court during a hearing on the Forest Fire Agreements of 2023 Lahaina.

2/5 Jamm Aquino / Jaquino @Staradvertiser.com Lawyer Ginger Anders, on the right, went to the Hawaii Supreme Court during a hearing on the Forest Fire Agreements of 2023 Lahaina.

Jamm Aquino / Jaquino @Staradvertiser.com The oral arguments were presented on Thursday before Hawaii’s Supreme Court on the Maui forest fire agreement. The lawyer Jesse Creed, above, bonding lawyer for lawyers representing more than 17,000 victims are shown.

3/5 Jamm Aquino / Jaquino @Staradvertiser.com Oral arguments were presented on Thursday before Hawaii’s Supreme Court on the Maui Forest Fire Agreement. The lawyer Jesse Creed, above, bonding lawyer for lawyers representing more than 17,000 victims are shown.

Jamm Aquino / Jaquino @Staradvertiser.com Associated Judge Todd Eddins, Centro, questioned the lawyers during the hearing.

4/5 Jamm Aquino / Jaquino @Staradvertiser.com Associated Judge Todd Eddins, Centro, questioned the lawyers during the hearing.

Jamm Aquino / Jaquino @Staradvertiser.com Lawyer Adam Romney speaks during an audience about settlements related to the Forest Fire of Lahaina of 2023 in the Supreme Court of Hawaii, on Thursday, February 6, 2024, in Honolulu.

5/5 Jamm Aquino / Jaquino @Staradvertiser.com The lawyer Adam Romney speaks during an audience about settlements related to the forest fires of Lahaina 2023 in the Supreme Court of Hawaii, Thursday, February 6, 2024, in Honolulu.

Jamm Aquino / Jaquino @staradvertiser.com The president of Justice, Mark Tidtenwald, on the left, took his place on the bench on Thursday during the start of an audience on settlements related to the forest fires of Lahaina 2023 in the Supreme Court Hawaii.

Jamm Aquino / Jaquino @Staradvertiser.com Lawyer Ginger Anders, on the right, went to the Hawaii Supreme Court during a hearing on the Forest Fire Agreements of 2023 Lahaina.

Jamm Aquino / Jaquino @Staradvertiser.com The oral arguments were presented on Thursday before Hawaii’s Supreme Court on the Maui forest fire agreement. The lawyer Jesse Creed, above, bonding lawyer for lawyers representing more than 17,000 victims are shown.

Jamm Aquino / Jaquino @Staradvertiser.com Associated Judge Todd Eddins, Centro, questioned the lawyers during the hearing.

Jamm Aquino / Jaquino @Staradvertiser.com Lawyer Adam Romney speaks during an audience about settlements related to the Forest Fire of Lahaina of 2023 in the Supreme Court of Hawaii, on Thursday, February 6, 2024, in Honolulu.

The judges of the Hawaii Supreme Court raised many demanding issues, and sometimes skeptical, on Thursday to lawyers in a case related to the validity of a $ 4 billion agreement to resolve the Litigation of Forest Fires of Maui.

The judges challenged four lawyers about their respective arguments about whether the conditions of the proposed agreement that affect the rights of insurance companies comply with the Hawaii law.

They can spend weeks before the five court judges make a decision.

After the hearing of almost two hours, the representatives of the opposite sides in the case expressed optimism to prevail.

“We are right in the law, so I think the judges will see that,” said Jesse Creed, a bonding lawyer for numerous lawyers representing more than 17,000 victims of August 8, 2023, shot that they killed 102 people and destroyed Most of Lahaina and Property in Upcountry Maui.

Mark Grotefeld, link advisor for about 200 insurance companies that have paid around $ 2.3 billion in claims so far to fire the victims and expect to pay more than $ 1 billion more, had a similar opinion. “We know that the law is correctly as we have declared it, so we feel very good with our possibilities here,” he said.

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A decision of the court could determine whether the proposed agreement, which excludes insurers, can prevent insurers from obtaining compensation, through litigation, of the parties considered responsible for the fire in an effort to at least partially cover payments to the payments to the insured. Without this prevention, the existing liquidation agreement falls apart.

The decision of the court is also expected to establish a precedent that could be applied to future cases related to insurance recoveries and how property insurance companies and victims operate in Hawaii.

The parties that agreed to pay $ 4 billion to the victims of Maui’s firefighters are Hawaiian Electric, the State, the Kamehameha schools, Spectrum Oceanic LLC and Hawaiian Telcom.

Maui’s circuit judge, Peter Cahill, approved the terms of the agreement in August and prohibited insurers from seeking compensation, through separate litigation, directly from the liquidation payers.

According to Cahill’s ruling, the only way insurers can recover insurance claims payments is to seek the court approval to obtain reimbursements from those insured by any amount of compensation that exceeds the value of what they lost.

Later, Cahill agreed that Hawai’s Superior Court decided three questions in an effort to determine if his ruling complies with Hawaii’s law.

Most of the Audience on Thursday was dedicated to discussing the jurisprudence of Hawaii, legal principles and notions of equity. The judges raised more than 75 questions to the four lawyers who presented arguments on two sides of the subject.

Creed told the judges of the Supreme Court that insurers sought a reimbursement outside of what is allowed state law at the expense of fire victims who lost family, friends, homes, companies and public facilities.

“They lost the nucleus and fabric of their community, and need each penny to restore the fabric and re -unite the community,” he said. “Every penny (insurers) is carried out of the rules … is a penny less that dates back to the reconstruction of Lahaina.”

The lawyer Ginger Anders presented arguments in similar lines for all liquidation payers.

“The agreement is structured to give insurers everything to what they are entitled to Hawaii Hawaii’s law,” he said.

Adam Romney, a lawyer who presented arguments for insurers, said that this group wanted Practice for liquidation payers based on facts and circumstances of the disaster.

“We are not trying to block the agreement,” he said. “We would like there to be an agreement that helps everyone and resolve all statements.”

Romney said insurers refused to accept the $ 4 billion agreement because they were not told how much each entity would pay. After the agreement was announced, it was revealed that Hawaiian Electric’s participation was $ 1.99 billion, what Romney emphasized is less than insurers have paid in claims.

Terrence Revere, a lawyer who represents fire victims through collective action litigation also related to the liquidation agreement, said the figure of $ 4 billion is inadequate but was a way to resolve more than 600 demands.

“No one was happy with that, but all the insurers felt that we have to move on,” he told the Court.

According to the current terms of the tentative agreement, the problem with insurers must be resolved before May 19 so that the agreement enters into force.

Justice President Mark Reck Tenwald said a decision would be made.

“Mahalo to all our lawyers for their arguments here today,” he said from the bank. “The court will take this issue under advice. We recognize the urgency of this matter and we will issue a decision as soon as possible. “