Judge Denies Lloyd’s of London Motion to Dismiss Lawsuit

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Third Circuit Judge Henry Nakamoto entered an order denying a motion to dismiss brought by Lloyd’s of London in a lawsuit filed by 77-year-old Philip Haysmer and 70-year-old Lanell Haysmer, former homeowners from the Leilani Estates subdivision in Puna, Hawai’i.

Two homes in Kilauea’s East Rift Zone are consumed by the massive flow, and a third is threatened, as the lava advances downslope. May 6, 2018, 6 a.m. PC: Bruce Omori/Paradise Helicopters

Lloyd’s sought the dismissal of Haysmer’s bad faith and consumer protection claims. These claims are based on the failure by Lloyd’s and others to honor the Haysmer’s insurance claim in good faith following the destruction of the Haysmer’s home in a May 2018 fire. 

Despite paying nearly $3,000 a year for homeowner’s coverage with Lloyd’s, the Haysmers claim was denied by an unlicensed claims adjuster from an unlicensed claims adjusting company located 4,000 miles away in Little Rock, Arkansas.

Not only was the Haysmers’ claim denied, but according to the lawsuit, no one from Lloyd’s of London or anyone else ever even visit the Haysmer’s property to inspect the damage before issuing a denial.

“For seven months, Mr. and Mrs. Haysmer have received their fair share of bad news,” said the Hasymer’s attorney, Jeffrey Foster. “It was nice to be able to deliver a bit of good news for a change.”

Homeowners seeking further information can reach Foster Law Offices by visiting or calling (808) 348-7800.


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