Hawai'i Legal News

  L.O. v. N.O. (HSC November 5, 2020) Background. Back in 2013, LO, the husband, was introduced online through a relative to NO, the wife, who had been living in Vietnam. LO was 45; NO was 22. NO’s aunt, who introduced them, paid for LO to fly to Vietnam and meet NO. Four months later, LO goes back to Vietnam and proposes to marry her. She accepted and came to the United States in 2014 on a K-1 fiancee visa, which allowed her 90 days to marry.   A month after arriving to the United States, the parties entered into a premarital agreement. The agreement released the parties in the event of a divorce of alimony and support obligations. It also provided that each spouse’s property upon entry into the marriage would be treated as separate property. It also stated that “it is the intention of the husband in the event that he sells his current residence . . . that any equity shall be used to finance another shared property with the wife and said equity will be considered shared ...

  McKenna v. AOAO of Elima Lani (HSC June 25, 2020) Background. Carol McKenna owned a condominium in South Kohala on the Big Island. The Association of Apartment Owners of Elima Lani Condominiums governs the building. In 2010, McKenna discovered water damage that appeared to have been caused by a leak coming from her neighbor’s unit above her owned by Ross Andaloro. McKenna alleged that she contacted her AOAO about the leak, but the AOAO did not fix it and did not allow her to do so. Months later, McKenna claimed to find mold and suffered symptoms associated with exposure to mold. She claims that she was forced to vacate due to contamination. She filed a complaint in the circuit court against her AOAO, Andaloro, and Wells Fargo Bank, the previous owner of Andaloro’s condo, averring negligence and misrepresentation.   For two years in the circuit court—Hon. Judge Elizabeth Strance presided over much of the case, but Hon. Judge Melvin Fujino entered the final judgment—the p...

Kim v. Kam (ICA August 10, 2012) Background. Robert Kim, Nancy Kam, and others entered into an attorney-client contract with Matthew Pyun to represent them in bringing an action against their older brother and his handling of their deceased mother's property. Under the contract, Pyun was paid $45,000 and 25% contingency of any amount received through settlement, judgment, or award. The case settled. Based on the value of the recovered property, Pyun sent a bill of $917,529.12 to the parties. When they failed to pay, Pyun sued them. The court ultimately entered judgment against the parties and for Pyun. They ended up settling with Pyun for $767,000. They agreed that as long as they complied with the settlement, Pyun would agree not to enforce the judgment. If the parties breached the settlement agreement, however, the judgment would be immediately enforceable. Kam and the others paid Pyun only $736,000. Years later, Kim tried to refinance the property, but discovered that Pyun...

Group Builders, Inc. v. Admiral Ins. Co. (ICA May 19, 2010) Background. Group Builders installed exterior insulation finishing system and sealant, fireproofing, and other exterior finishing on the hotel tower at the Hilton Hawaiian Village in Waikiki. Group's insurance carrier for commercial general liability was Admiral. After the tower was finished and opened to the public, mold and other structural defects were found. The Hilton sued alleging breach of contract, negligence, breach of warranty, and negligent misrepresentation. Admiral refused to defend or otherwise provide insurance for Group Builders. Group Builders sued Admiral for its refusal. The circuit court dismissed the claims for lack of jurisdiction. Group Builders appealed. The Issue: Interpreting the Insurance Policy. Under the insurance policy, Admiral must pay for sums that Group Builders "becomes legally obligated to pay as damages because of 'bodily injury' and 'property dam...