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Hawaii became the most recent jurisdiction to recognize an excess carrier's rights of equitable subrogation to the insured's bad faith claims against the insured's primary carrier, in answer to certified questions in St. Paul Fire & Marine Ins. Co. v. Liberty Mut. Ins. Co., 135 Haw. 449, 353 P.3d 991 (2015).
The Hawaiian high court recognized the validity of the excess carrier's subrogation rights even where a primary insurer has paid its own policy limit toward settlement and their mutual insured incurred no loss. St. Paul Fire & Marine Ins. Co. v. Liberty Mut. Ins. Co., 135 Haw. 449, 353 P.3d 991, 992, 996 (2015).
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