- 12 - intent and purpose to deceive Plaintiff and to induce Plaintiff to purchase and accept the insurance policy. Defendant and each * * * knew that Plaintiff believed such provisions to be true and the Plaintiff would and did justifiably rely on such promises and buying the insurance policy and paying the premiums thereon. Nevertheless, Defendant and its agents, employees, authorized representatives or assigns and each of them concealed such true intent from Plaintiff. * * * * * * * 27. In acting fraudulently and deceitfully as set forth herein, Defendants and each of them intended to and did vex, annoy, and injure Plaintiff. Petitioner’s attorney made the insurer’s attorney aware of the Kau v. State Farm Mut. Ins. Co., supra, and served an extensive discovery request seeking the identities of all persons in Hawaii to whom Travelers had denied claims based on the exclusion and raised the prospect of expanding petitioner’s lawsuit into a class action suit. Compliance with the discovery request would have required the insurer to expend thousands of hours of manual labor. The insurance company eventually agreed to settle the lawsuit for the maximum amount payable under the policy, $105,000. The Release and Indemnity Agreement stated in pertinent part: RELEASE AND INDEMNITY AGREEMENT [B]y these presents does release, acquit and forever discharge, the said RELEASEE * * * from and on account of any and all claims, actions, causes of action, liability or liabilities, demands or damages of whatever name or nature, including any and all claims for general, special, punitive or treble damages, for insurance benefits of whatever name or nature, for past and future earnings loss, for past and future medicalPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011