On Feb. 10, the Hawai'i Supreme Court ruled that insurers could not bring independent legal action against the organizations liable for the devastating 2023 Maui wildfire. That's a win for the individuals and businesses who have already filed suit, the Associated Press reported in an article shared by ABC 10News San Diego.
The destructive blaze started with a downed power line owned by Hawaiian Electric. Other parties — including the state of Hawai'i, Maui County, and major landowner Kamehameha Schools — were also named as defendants for their part in creating conditions that allowed the fire to spread. Those conditions include the presence of invasive grass on abandoned properties.
Today, a year and a half after the fire, recovery efforts are still ongoing. The fire caused an estimated $5.5 billion in damage, sweeping through the Lahaina community and killing more than 100 people.
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Move somewhere else 🌎 A settlement of $4 billion to be paid out to the victims would go a long way in repairing the damage. But lawyers involved in the case worried that a separate action by insurance companies — looking to recover what they paid out in insurance claims related to the fire — would drain the funds available for individual victims and make the settlement impossible. Now that the insurance companies' suit has been blocked, the settlement can proceed.
The decision in this case hinged on whether the same laws that apply to health insurance also apply to casualty and property insurance when it comes to subrogation — a legal process wherein insurance companies pursue reimbursement from the parties that are held to be liable for the injury. There were already legal limits on subrogation in health insurance cases, and now those have been extended to other types of insurance.
"Today's decision will help our people heal much sooner, as we continue to rebuild and recover," Hawai'i Gov. Josh Green told the AP in a text message.
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