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Wednesday, November 13, 2024
November 13, 2024 News Read
By Andrew Walden @ 4:08 PM :: 274 Views

HSTA--Corrupt or Incompetent?

Hawaiian Electric Signs Bird Agreement

Green: Hawaii Better Off Without Insurers

NYT: … Typically, insurers pay claims and then sue whomever they blame for the damage — like the driver who might have caused a car accident — to recover some of what they paid. In the Lahaina settlement, the insurers are instead expected to seek repayment from the people and businesses they insured. A person who received a share of the $4 billion deal from a pain-and-suffering claim, for example, could have to pay a portion of that to the insurance company.….

Last week, (KSBE and HECO) filed a brief to Hawaii’s Supreme Court describing it as “a resolution of all claims arising out of the fires,” adding that the court-ordered mediation process through which it was reached had included the insurers’ lawyers.

But the insurers say they have the right to bring claims against those who caused the fire.

“Insurers have paid to their insureds, as a result of this tragedy, well over $2 billion, and they’re going to be paying a little over $3 billion when all is said and done,” said Mark S. Grotefeld, a lawyer at Grotefeld Hoffmann, a firm with headquarters in Chicago, who is representing most of the roughly 160 insurers involved in the case.

Mr. Grotefeld said the idea that a state law barred insurers from suing the responsible entities directly was one that, after more than 30 years in the industry, he was encountering “for the first time ever.”

The claims — when insurers sue whoever is deemed responsible for damages — are called subrogation claims. The industry says that without them, it would have to charge even higher premiums. If the courts side against them in Hawaii, insurers have threatened to stop doing business in the state….

(Green will make you suffer to save KSBE/HECO.)

Next month, Hawaii’s Supreme Court will hear arguments on the insurers’ position that the deal violates state law….

If the insurers pull out (of Hawaii), the state is considering helping local businesses and community groups find ways to bypass traditional insurance companies. One option for companies is to self-insure through a “captive” insurer they can create for themselves. Some big businesses, like hotel chains, already do this.

“Frankly, it’s a lot cheaper,” Dr. Green said. “A captive insurer would take no profits. It would have tiny margins — just enough to function.” ….

(REALLY OBVIOUS QUESTION: If captive insurance is such a good idea, why aren’t we all doing it right now?)

(IQ Test: Do you believe that insurers pulling out of Hawaii is a good thing?)

read … Lahaina Fire Settlement is Caught up in Legal Fight With Insurers

Are Taxpayers Paying for HECO`s Wildfire Liabilities

IM: … Senator Jarrett Keohokalole, Chair of the Commerce and Consumer Protection committee, asked a question that should have had a simple answer, one that no one appears to want to answer. 

“It’s been reported publicly that the the federal mediator, who guided the construction of that global financial settlement, said, essentially, that the $2 billion portion of HECO`s committed to pay, is $2 billion, because that's how much HECO can afford to pay.

“I think I believe that essentially of the $4 billion, HECO's paid 2, because HECO can pay 2 and it can’t pay much more.

“The state share, it's been reported of the $4 billion global settlement Is $800 million despite the state Attorney General say multiple times that she's confident that the state's actual liability for the wildfires is low and so what I thought the question was and if that wasn't the question, it's my question now.

“How much of that $800 million that the administration is going to propose that taxpayers pay to fund that global wildfire settlement, is intended to cover liability for HECO, that the federal mediator said that HECO could not cover.”

Maui County has enormous liability issues surrounding the fire. This includes not learning from the 2018 West Maui fire that burned more land than the 2023 Lahaina fire, the inadequacies of the sirens, and the failure to clear vegetative fuels waiting to burn.

The State`s $800M portion, in essence, is spreading the county liabilities across all taxpayers in the State. This seems to some to be preferable to determining the specific liabilities of various county and state agency`s contribution to the disaster….

read … Are Taxpayers Paying for HECO`s Wildfire Liabilities

Hawaii's shrinking population could be making it unattractive for young people to stay home

HNN: … As Hawaii continues to see a shrinking population, housing expert explains how inaction will continue to make the islands unattractive for young people to stay or come back….

Expert discusses biggest obstacle in making housing affordable in Hawaii

As Hawaii continues to face outmigration, experts call for housing policies to change

read … Hawaii's shrinking population could be making it unattractive for young people to stay home

Surprise: Bissen Refusing to Back West Maui Hospital Bonds

MN: … A resolution to support the development of the West Maui Hospital and Medical Center seems stalled in the Maui County Council after testimony from Mayor Richard Bissen’s administration.

County Managing Director Josiah Nishita said Bissen supports a West Maui hospital, but Nishita expressed concerns about the county serving as guarantor and approving a special-purpose revenue bond of $20 million for the medical facilities because of “overarching questions” including a prior assertion that the investment poses a low risk.

“I’m not aware of our bond counsel seeing this as a low risk investment,” Nishita said at a meeting on Oct. 30. “In fact, I believe it’s the opposite.”

Council members deferred voting on the resolution. They are tentatively scheduled on Friday to refer the issue to the county’s Disaster, Resilience, International Affairs and Planning Committee….

West Maui Hospital Foundation board president JoAnne Johnson-Winer said she’s been talking with the Bissen administration for a year and a half, and this is the first time she has heard the administration has reservations because of the risk.

Johnson said the prior administration’s finance director and bond counsel had no problems with backing the special-purpose revenue bond….

Board consultant Charles Slaton said hospital representatives never met with Nishita about his concerns about risk.

“We were really surprised,” Slaton said….

In 2023, the state legislature passed House Bill 1255, which authorized a special-purpose revenue bond to be sold by West Maui Hospital and Medical Center to finance its development….

read … West Maui Hospital stalls over concerns about risk | News, Sports, Jobs - Maui News

Map of Trump Support In Hawaii

CB: … It’s the best showing by a Republican nominee in the Aloha State since 2004, when George W. Bush got 45% of the vote.

Support for Trump has seen a big boost across the state. Precinct-level votes for the Republican nominee for president since 2012 have rarely outnumbered those for the Democrats. This year, votes for Trump outnumbered those for Harris in nearly two dozen of Hawaii’s 250 voting precincts.

Niihau voted almost entirely for Trump this year. Harris got just one vote there compared to Trump, who had 22.

Some of the biggest jumps in turnout for Trump came in Kalihi and Waipahu.

They have somewhat similar demographic profiles: both communities have a high percentage of multigenerational households, similar annual household income and both have a preponderance of people working in the service industry and other managerial jobs, according to U.S. Census data.

In House District 30, which runs from the Kapalama Canal in the east to Middle Street in the West, Trump got 47.4% of the votes, more than a 20 percentage point increase from 2016.

Trump made similar gains across House District 36, which covers much of the area bordered by the freeway and Farrington Highway in Waipahu. Trump won 47.2% of the vote this year, up from 28% eight years ago….

read … Trump's Support In Hawaii Has Grown Since He First Appeared On Ballots In 2016  

LOL! Gabbard eyes defense secretary job after switching parties to back Trump

NYP: … Former Democratic Hawaii Rep. Tulsi Gabbard is angling to become defense secretary in President-elect Donald Trump’s cabinet, The Post has learned.

The Pentagon post is at the top of Gabbard’s wish list, four sources told The Post Tuesday, but the soon-to-be 47th president has yet to make his final decision.

One GOP insider said Gabbard was “going to privately petition Trump early this week” about becoming defense secretary, though the source added that the 43-year-old could also be interested in becoming CIA director.

(IQ Test: How hard are you laughing?)

She has been a member of the National Guard since 2003, deploying to Iraq, Kuwait and the Horn of Africa.

However, that could throw an obstacle in the way of her serving Trump, as federal law holds that a defense secretary cannot have served on active duty in the armed forces for at least seven years before taking office — a provision intended to ensure a civilian-run military.

(IDEA: Somebody should tell Chris Butler.  Or better yet, don’t.)

read … Exclusive | Ex-Dem Rep. Tulsi Gabbard eyes defense secretary job after switching parties to back Trump

Hawaii DOE Imposing ‘Code of Conduct’ on Parents

CB: … DOE already had a code of conduct outlining appropriate behavior for employees and school volunteers but had not published a comprehensive set of guidelines for families until last month. The department declined an interview request but said in a written statement that the new code will be shared online, posted in school offices and sent home to families….

PDF: visitorcodeofconductandflyer.pdf

read … Hawaii DOE Is Attempting To Rein In Bad Parent Behavior. Will It Work?

ACLU’s anti-Goldilocks zone for Hawaii homeless

SA: … ’s not just a hunch that David is mentally ill. The courts have declared him “unfit to proceed” an alarming 14 times in separate criminal cases in less than two years. For David to be declared “unfit,” courts must determine that he does not have the mental capacity to understand the proceedings against him and lacks the ability assist in his defense. So why would a person found mentally “unfit” 14 times in less than two years be considered fit enough to survive on the streets?

The simple answer is David’s right to freedom supersedes his need for treatment. In 1975 the ACLU won a landmark case in the U.S. Supreme Court (O’Connor v. Donaldson). The court ruled that a person like David can’t be sent to an institution against his will unless he’s dangerous. Prior to that ruling it was much easier to get people help.

In Hawaii, for David to be committed, the court would have to conclude that he is:

1) Mentally ill or suffering from substance abuse;

2) Is imminently dangerous to self or others; and

3) Needs care or treatment, or both, and there is no suitable alternative available through existing facilities and programs that would be less restrictive than hospitalization.

The nature of the charges against a defendant are also part of the decision. All the cases against David have been nonviolent petty misdemeanors, things like trespassing or sleeping in a closed park. The law requires that once David is found mentally unfit, the minor charges must be dismissed.

It’s clear someone who is not dangerous and doesn’t understand the charges against him shouldn’t be locked up — but what about getting David the help he needs? The Supreme Court also said people like David should be “capable of surviving safely in freedom by himself or with the help of willing and responsible family members or friends.” David doesn’t have any family or friends here, and lives in parks and benches in Waikiki.

The Hawaii attorney general ruled that “if an individual is not imminently dangerous to self or others,” the individual may be placed under an Assisted Community Treatment order, if appropriate. But it’s unclear what “if appropriate” means.

In David’s last two cases, it was determined “Defendant does not meet the criteria for Assisted Community Treatment” and two different judges cut him loose: “Defendant shall be forthwith discharged/released from the custody of the Director of Health.”

Our system has spoken: David is too mentally ill to understand the charges against him, but healthy enough to live on the streets….

read … Column: An anti-Goldilocks zone for Hawaii homeless

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