(Download) "Best Place Inc. V. Penn America Insurance Co." by Hawaii Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Best Place Inc. V. Penn America Insurance Co.
- Author : Hawaii Supreme Court
- Release Date : January 05, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 90 KB
Description
This appeal and cross-appeal arise from a complaint filed by the plaintiff-appellant/cross-appellee The Best Place, Inc. (Best Place) against its insurer, the defendant-appellee/cross-appellant Penn America Insurance Company (Penn). The complaint alleged the following two counts: (1) breach of contract; and (2) tortious breach of the implied covenant of good faith and fair dealing (the tort of bad faith). Prior to trial, both parties filed various motions in limine. Arguing that Hawai'i does not recognize the tort of bad faith in the insurance context, Penn moved to exclude all evidence, testimony, argument, or comment on the issue of tortious bad faith and/or punitive damages. Penn also moved to exclude, inter alia, evidence of a settlement offer. Best Place moved: (1) to exclude certain evidence based on (a) waiver, (b) estoppel, and (c) Hawai'i Rules of Evidence (HRE) 403; and (2) for default and sanctions against Penn.