Property Insurance Dispute Attorney in Hawaii: Hold Your Insurer Accountable
Big Island homeowners, landlords, and businesses trust William Dean to fight denied, delayed, and underpaid property claims, day or night.
HSBA-Licensed • 24/7 Availability • Hilo-Based • Transparent Pricing
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Your Property Was Damaged. Now Your Insurer Is the Problem
A storm tears off your roof. A pipe bursts and floods your floors. A break-in empties your rental. You file a claim expecting the coverage you paid for, and instead you get a lowball number, a vague denial, or silence.
Ohana Law Firm represents Hawaii Island policyholders in disputes with their property insurers. As a property insurance dispute attorney based in Hilo, William Dean reviews your policy, challenges unfair claim decisions, and pursues the recovery you are owed through negotiation, mediation, or a lawsuit in Hawaii Third Circuit Court. If your loss involved a fire, see our dedicated fire insurance claim lawyer page.
Every case is unique, and past results do not guarantee future outcomes. What every client gets is thorough preparation and a call that goes straight to an attorney, 24/7.
What Is a Property Insurance Dispute?
A property insurance dispute arises when you and your insurer disagree about whether a loss is covered, how much it is worth, or whether the insurer handled your claim fairly. These disputes can involve homeowners, condo, landlord, vacation rental, and commercial property policies.
Most property insurance disputes are a form of civil litigation: a breach of the insurance contract, and sometimes the tort of insurance bad faith. Our firm represents policyholders, not insurance companies.
Signs Your Insurer May Be Mishandling Your Claim
- The adjuster rushes the inspection or never visits the property
- The estimate is far below your contractor’s bids
- The denial letter is vague or does not cite specific policy language
- The insurer keeps asking for the same documents again and again
- Weeks go by without a decision or a real explanation
- You are pressured to accept a quick settlement or sign a release
- The insurer blames pre-existing damage without evidence
If this sounds familiar, speak to an attorney before you sign anything or give a recorded statement.
Types of Property Insurance Disputes We Handle
Type of Loss | Common Insurer Arguments | What We Look At |
Storm and wind damage | Damage is “wear and tear,” or the roof was already old. | Weather data, roofer and engineer reports, policy wind and hurricane terms. |
Water damage and leaks | Slow leak exclusion, or the loss was “preventable.” | Cause of the leak, timeline, plumbing records, mold and moisture reports. |
Lava and volcanic loss | Earth movement or volcanic exclusions apply. | Exact policy wording, endorsements, and access or loss-of-use coverage. |
Theft and vandalism | Insufficient proof of ownership or value. | Receipts, photos, police reports, and inventory support. |
Mold and rot | Excluded or capped by sublimits. | Policy limits, covered cause of moisture, and remediation estimates. |
Landlord and rental property | Occupancy or vacancy clauses limit coverage. | Lease records, vacancy language, and loss-of-rents coverage. |
Commercial property and business interruption | Disputes over lost income calculations and covered period. | Financial records, forensic accounting, and policy time limits. |
Hawaii Law on Property Insurance Claims and Bad Faith
Unfair claim practices. Hawaii Revised Statutes §431:13-103(a)(11) prohibits unfair claim settlement practices, such as misrepresenting policy provisions, failing to promptly acknowledge claim communications, refusing to pay without a reasonable investigation, and failing to make a good-faith effort to settle claims where liability is reasonably clear.
Bad faith. In Best Place, Inc. v. Penn America Insurance Co. (1996), the Hawaii Supreme Court recognized the tort of insurance bad faith. A violation of §431:13-103 does not itself create a private lawsuit, but it can be used as evidence of bad faith. If bad faith is proven, damages can go beyond the policy benefits, and punitive damages require a heightened showing.
Deadlines. Under HRS §657-7, claims for damage to property generally must be filed within two years. Your policy may also set shorter notice, proof-of-loss, or suit-limitation deadlines. Check your policy and act early.
State regulator. The Hawaii Insurance Division of the Department of Commerce and Consumer Affairs investigates insurer compliance with Hawaii insurance law and takes complaints at 1-844-808-DCCA (3222). A regulatory complaint can be useful, but it is not a substitute for enforcing your legal rights.
Court. Claims up to $40,000 may be filed in Hawaii District Court, while larger or more complex disputes belong in Hawaii Third Circuit Court in Hilo at 777 Kilauea Avenue. Learn more on our civil litigation page.
Property Insurance Issues Unique to the Big Island
- Lava zone properties and policy language on volcanic and earth movement losses
- Hurricane and windstorm coverage that may sit in a separate policy or carry a separate deductible
- Remote and off-grid homes where insurers question access, valuation, and occupancy
- High rebuilding costs driven by materials, shipping, and contractor availability
- Older homes with code-upgrade and depreciation disputes
- Vacation rentals and investment properties with landlord and vacancy coverage questions
For rentals or commercial holdings, our real property and business law experience helps us see the whole picture: ownership, leases, mortgages, and lost income.
How We Handle Your Property Insurance Dispute
- Free consultation. We review your policy, denial or offer letter, and tell you honestly where you stand.
- Evidence gathering. We collect photos, estimates, adjuster reports, and correspondence.
- Expert support. Contractors, engineers, or accountants challenge the insurer’s numbers when needed.
- Demand and negotiation. We send a formal demand and negotiate directly with the insurer.
- Mediation or appraisal. Many disputes are resolved here.
- Litigation if necessary. If the insurer will not act fairly, we file suit in Hawaii Third Circuit Court.
Why Clients Choose Our Service
William Dean, Esq. is an HSBA-licensed Hawaii attorney who has litigated in Hawaii Third Circuit Court against insurance companies and opposing law firms.
- Financial and business depth. A JD from the William S. Richardson School of Law, an LLM in International Law from George Washington University, and an MS in Finance from Boston College help with valuing complex property and business losses.
- Proven in high-stakes disputes. Ohana Law Firm secured a $5 million arbitration award for a client in a contested commercial matter. Every case is unique, and past results do not guarantee future outcomes.
- Always reachable. Your call goes straight to an attorney, 24/7, with no answering service in between.
- Free consultation before you commit to anything.
- Transparent pricing so you know what to expect.
- Local roots. Based in Hilo, serving clients from Kona to Ka’u. See what clients say about us or meet the team.
Serving All of Hawaii Island
We represent property insurance clients across Hawaii County from our Hilo office, including Hilo, Kailua-Kona, Puna, Kohala, Ka’u, and Hamakua. No matter where your property is, we treat you like family.
Frequently Asked Questions
Yes. If your insurer wrongfully denies, underpays, or unreasonably delays a covered claim, you may be able to sue for breach of contract, and in some cases for insurance bad faith. An attorney can review your policy and the insurer's conduct to tell you which claims fit.
Ask for the denial in writing with the specific policy provisions relied on, keep every document, and speak with an attorney before the deadlines run. A denial is not always the final word.
Under HRS §657-7, property damage claims generally must be filed within two years. Your policy may set its own, sometimes shorter, deadlines, so review it right away.
Bad faith means the insurer handled your claim unreasonably, such as delaying without cause or refusing to pay a claim it knew was valid. Hawaii recognizes this as a tort, and damages may go beyond the policy benefits.
Yes. The Hawaii Insurance Division of DCCA accepts complaints and can be reached at 1-844-808-DCCA (3222). It investigates compliance with insurance law, but it generally does not replace a legal claim for your losses.
It depends on your policy. Many have exclusions or special terms for volcanic or earth movement losses, and some policies include endorsements. An attorney can review the exact wording.