Angie M. Enoka, Plaintiff-Appellant/cross-Appellee v. Aig Hawaii Insurance Company, Inc., a Hawai'i Corporation…

Summary

The court held that Enoka’s no-fault benefits claim was timely because the statutory period ran from the last payment of no-fault or optional additional benefits by any insurer, including the UIM payment she received from GEICO. It nevertheless affirmed summary judgment for AIG because the policy’s exclusion barred coverage, AIG neither waived nor was estopped from relying on that exclusion, and its conduct did not constitute bad faith or intentional infliction of emotional distress. The court also affirmed the denial of AIG’s attorney-fee request but remanded for the trial court to consider Enoka’s request for fees and costs incurred on appeal.