Aloha my ohana,
I wanted to reach out today with an important update and to acknowledge, again, how much you have been carrying through this long wait. I know the waiting has felt endless, and I know it is not just paperwork to you. It is your home, your family, your stability, your future.
Here is the good news. On Tuesday of this week, the Hawaii Supreme Court ruled in our favor.
The Court got it right! The insurers tried to insert themselves into this process and slow everything down. They were basically saying they should be allowed in, and if some people do not file claims, that would somehow give the insurers a reason to step in and reach for money anyway.
The Supreme Court rejected that argument directly. The Court said:
“Subrogating Insurers insist they retain equitable subrogation rights justifying intervention. Some class members may fail to submit their claim against the class settlement fund. There, they receive no settlement award. Thus, Subrogating Insurers complain that there is nothing for them to attach liens to under HRS § 663-10. Subrogating Insurers are wrong. A non-claiming class member’s choice does not conjure equitable subrogation rights.”
That is powerful, and it is exactly what we have been fighting for. These subrogation people do not get to take what was meant to help Maui families rebuild. They do not get to hold this community hostage with delay tactics and legal games.
What comes next is making sure this ruling is implemented the way it should be, with no more interference and no more stalling. We are watching everything closely, and as soon as we have a clear, reliable update on how this impacts funding and the next steps, I will get it to you right away. I also plan to record a video update soon now that we finally have real movement to talk about.
Much love always. Maui is strong. You are not alone in this, and we will keep pushing until the resources meant for you reach you.
Mahalo,
Andrew Van Arsdale