Hale v. Lloyd's London

• Court: Hawaii Intermediate Court of Appeals
• Decided: April 23, 2026
• Docket: CAAP-23-0000747
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 23-APR-2026 07:56 AM Dkt. 74 SO

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

MICHAEL W. HALE, Plaintiff/Counterclaim Defendant-Appellant, v. LLOYD'S, LONDON, aka LLOYD'S, LONDON, aka LLOYD'S, aka THE SOCIETY, aka THE CORPORATION OF LLOYD'S, aka THE SOCIETY OF LLOYD'S, CERTAIN UNDERWRITERS AT LLOYD'S LONDON; BORISOFF INSURANCE SERVICES, INC., dba MONARCH E&S INSURANCE SERVICES; ARMS CLAIMS INCORPORATED d/b/a AFFIRMATIVE RISK MANAGEMENT; PYRAMID INSURANCE CENTRE, LTD.; JERRY G. MANIN; and CHRISTINE MICHELLE GUMBS, Defendants-Appellees, and SPECIALIZED LOAN SERVICING LLC, Defendant/Counterclaimant-Appellee, (CASE NO. 3CC191000143) ______________

MICHAEL W. HALE, Plaintiff-Appellant, v. LLOYD'S, LONDON, aka LLOYD'S, LONDON, aka LLOYD'S, aka THE SOCIETY, aka THE CORPORATION OF LLOYD'S, aka THE SOCIETY OF LLOYD'S; CERTAIN UNDERWRITERS AT LLOYD'S LONDON identified as LLOYD'S SYNDICATE NO. 2003, LLOYD'S SYNDICATE NO. 318, LLOYD'S SYNDICATE NO. 4020, LLOYD'S SYNDICATE NO. 2121, LLOYD'S SYNDICATE NO. 2007, LLOYD'S SYNDICATE NO. 2283 AND LLOYD'S SYNDICATE NO. 1729; BORISOFF INSURANCE SERVICES, INC., dba MONARCH E&S INSURANCE SERVICES; ARMS CLAIMS INCORPORATED, d/b/a AFFIRMATIVE RISK MANAGEMENT; ILIKEA, LLC, d/b/a MOA INSURANCE SERVICES HAWAI‘I; JUDY MOA; Defendants-Appellees, (CASE NO. 3CCV-XX-XXXXXXX)

______________ NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

GREGORY C. DENCKER and CAROL K. DENCKER, husband and wife, and CHAMPAGNE COVE, LLC, Plaintiffs-Appellants, v. LLOYD'S, LONDON, aka LLOYD'S, LONDON, aka LLOYD'S, aka THE SOCIETY, aka THE CORPORATION OF LLOYD'S, aka THE SOCIETY OF LLOYD'S; CERTAIN UNDERWRITERS AT LLOYD'S, LONDON SUBSCRIBING TO POLICY NO. HGMH17407 identified as LLOYD'S SYNDICATE NO. 2003, LLOYD'S SYNDICATE NO. 318, LLOYD'S SYNDICATE NO. 4020, LLOYD'S SYNDICATE NO. 2121, LLOYD'S SYNDICATE NO. 2007, LLOYD'S SYNDICATE NO. 2283 AND LLOYD'S SYNDICATE NO. 1729, alien surplus lines insurers in the State of Hawai‘i; BORISOFF INSURANCE SERVICES, INC., dba MONARCH E&S INSURANCE SERVICES; ARMS CLAIMS INCORPORATED, d/b/a AFFIRMATIVE RISK MANAGEMENT; PYRAMID INSURANCE CENTRE, LTD.; JERRY G. MANIN, Defendants-Appellees (CASE NO. 3CCV-XX-XXXXXXX)

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT

SUMMARY DISPOSITION ORDER (By: Nakasone, Chief Judge, Leonard and Guidry, JJ.)

The underlying consolidated cases arise out of

Plaintiff/Counterclaim Defendant-Appellant Michael W. Hale

(Hale) and Plaintiffs-Appellants Gregory C. Dencker, Carol K.

Dencker (the Denckers), and Champagne Cove, LLC's (collectively,

Appellants) insurance claims for property damage caused by a

volcanic eruption on the island of Hawaiʻi. 1 On February 16,

2023, the Circuit Court of the Third Circuit 2 (circuit court)

entered its "Findings of Fact, Conclusions of Law, and Order

Granting Defendant[-Appellee] Society of Lloyd's [(Lloyd's)]

1 The three underlying cases are case nos. 3CC191000143, 3CCV-20- 0000137, and 3CCV-XX-XXXXXXX. The plaintiff in case nos. 3CC191000143 and 3CCV-XX-XXXXXXX is Hale. The plaintiffs in case no. 3CCV-XX-XXXXXXX are the Denckers and Champagne Cove, LLC. The circuit court consolidated the three cases under case no. 3CC191000143.

2 The Honorable Henry T. Nakamoto presided.

2 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

Renewed Motion to Dismiss [Lloyd's] for Lack of Personal

Jurisdiction Filed July 18, 2022 [DKT. 874]" (Dismissal Order).

On July 5, 2023, the circuit court entered its "Order Denying

'[Appellants'] Motion for Reconsideration, Rehearing and Relief

from [Dismissal Order]' Filed February 22, 2023 [Dkt. 957]"

(Order Denying Reconsideration).

Appellants appeal from the Order Denying

Reconsideration. This is an interlocutory appeal filed pursuant

to Hawaii Revised Statutes (HRS) § 641-1(b) (2016) and the

circuit court's November 24, 2023 "Order Granting [Appellants']

Motion for Leave to File an Interlocutory Appeal from [the

Circuit Court's] [Order Denying Reconsideration]" (Order

Granting Leave).

Appellants raise five points of error on appeal,

contending that the circuit court erred by: (1) reaching

conclusions that "are plain error under [Yamashita v. LG Chem,

Ltd., 152 Hawaiʻi 19, 518 P.3d 1169 (2022)] (the 'related to'

doctrine) and [Womble Bond Dickinson (US) LLP v. Kim, 153 Hawaiʻi

307, 537 P.3d 1154 (2023) ]('conspiracy jurisdiction')"; (2)

"reject[ing] [Appellants'] experts' reports that illustrated

[Lloyd's'] involvement in a scheme of secret price fixing

insurance policies in all the counties in the State of Hawaii";

(3) "failing to consider admissible evidence in the form of

affidavits by [Appellants'] expert witnesses and declarations

3 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

made by [Appellants] that [Appellants] submitted in support of

their Opposition to [Lloyd's'] Renewed Motion to Dismiss"; (4)

"fail[ing] to set aside its [Dismissal Order]"; and (5)

"fail[ing] to recognize jurisdiction over [Lloyd's] under HRS

[§] 480-4(a)[,](b) [(2008)]."

Upon careful review of the record, briefs, and

relevant legal authorities, and having given due consideration

to the arguments advanced and the issues raised by the parties,

we resolve Appellants' points of error as follows 3:

(1) We first consider the matter of our jurisdiction

over Appellants' points of error 2 and 3, which contend that the

circuit court erred by "reject[ing]" and "failing to consider"

evidence that Appellants submitted in opposition to "[Lloyd's']

Renewed Motion to Dismiss for Lack of Personal Jurisdiction"

(Renewed Motion to Dismiss). See State by Off. of Consumer

Prot. v. Joshua, 141 Hawaiʻi 91, 95, 405 P.3d 527, 531 (2017)

("The existence of jurisdiction is a question of law that we

review de novo under the right/wrong standard. A court always

has jurisdiction to determine whether it has jurisdiction over a

particular case." (cleaned up)). These points of error

challenge rulings reflected in the circuit court's Dismissal

3 We consolidate and address Appellants' points of error out of order.

4 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

Order that Appellants did not raise as a basis for

reconsideration.

Appellants' interlocutory appeal is taken pursuant to

HRS § 641-1(b), which provides that,

an appeal in a civil matter may be allowed by a circuit court in its discretion from an order denying a motion to dismiss or from any interlocutory judgment, order, or decree whenever the circuit court may think the same advisable for the speedy termination of litigation before it.

(Emphasis added.) On August 3, 2023, Appellants filed

"[Appellants'] Motion for Leave to File an Interlocutory Appeal

from [the Circuit Court's] [Order Denying Reconsideration]"

(Motion for Leave). As its title reflects, Appellants' Motion

for Leave expressly sought leave to appeal from the Order

Denying Reconsideration; nowhere in the Motion for Leave did

Appellants request leave to appeal from the Dismissal Order.

The circuit court's Order Granting Leave correspondingly

authorized Appellants to file an interlocutory appeal from the

Order Denying Reconsideration.

Hawaiʻi Rules of Appellate Procedure (HRAP) Rule

3(c)(2) states that "[t]he notice of appeal shall designate the

judgment, order, or part thereof and the court or agency

appealed from," and requires that a copy of the judgment or

order be attached as an exhibit. Appellants' Notice of

Interlocutory Appeal specifically designated that Appellants

5 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

were appealing from the Order Denying Reconsideration, and did

not reference or attach the Dismissal Order.

On this record, we conclude that Appellants are

appealing from the Order Denying Reconsideration only, and not

from the Dismissal Order. We therefore lack appellate

jurisdiction to address points of error 2 and 3.

(2) Appellants' remaining points of error contend the

circuit court has jurisdiction over Lloyd's pursuant to

Yamashita and Womble Bond, and that it therefore "committed

plain error when it failed to set aside its [Dismissal Order]." 4

We review the circuit court's denial of "[Appellants'] Motion

for Reconsideration, Rehearing and Relief from [Dismissal

Order]" (Motion for Reconsideration) for abuse of discretion.

Ass'n of Apartment Owners of Wailea Elua v. Wailea Resort Co.,

100 Hawaiʻi 97, 110, 58 P.3d 608, 621 (2002). "[T]he existence

of jurisdiction is a question of law that we review de novo

under the right/wrong standard." Captain Andy's Sailing, Inc.

v. Dep't of Land & Nat. Res., 113 Hawaiʻi 184, 192, 150 P.3d 833,

841 (2006) (citation omitted).

The Hawaiʻi Supreme Court issued the Yamashita opinion

after the circuit court heard Lloyd's' Renewed Motion to

4 Appellant contends, as point of error 5, that the circuit court erred "when it failed to recognize jurisdiction over [Lloyd's] under HRS [§] 480-4(a)[,](b)." This point is waived to the extent that Appellants fail to make a discrete argument in support of this contention. See HRAP Rule 28(b)(7) ("Points not argued may be deemed waived.").

6 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

Dismiss. In Yamashita, the Hawaiʻi Supreme Court held that

"Hawaiʻi's long-arm statute allows Hawaiʻi courts to invoke

personal jurisdiction to the full extent permitted by the due

process clause," and that "a Hawaiʻi court may assert personal

jurisdiction over an injury that 'relates to,' but does not

'arise from,' a defendant's in-state acts" so long as federal

due process is satisfied. 152 Hawaiʻi at 21, 518 P.3d at 1171.

Appellants premised their Motion for Reconsideration of the

Dismissal Order on the contention that Appellants' alleged

injury "relates to" Lloyd's' contacts in Hawaiʻi, and that,

pursuant to Yamashita, the circuit court should have invoked

personal jurisdiction over Lloyd's on that basis.

The circuit court addressed Yamashita in its Order

Denying Reconsideration. It concluded, in relevant part, that:

4. While the [Appellants] cite [Yamashita] and the Court recognizes that the Hawaiʻi Supreme Court establishes the standard for personal jurisdiction as being that a plaintiff's injury need only "relate to" and "not arise from" a defendant's minimum contacts, the Court finds that this distinction is not applicable in the Consolidated Cases.

5. In the instant Consolidated Cases, the Court allowed extensive jurisdictional discovery and found that [Appellants] alleged no facts supporting the contention that [Lloyd's] purposefully directed activities in Hawaiʻi. The Court did not need to reach the stage of assessing the relationship between the contacts [Lloyd's] has with the State of Hawaiʻi and the injury to the [Appellants], because the Court found that no facts establish such contacts.

We determine that the circuit court's conclusions are

not wrong. Yamashita does not provide a basis for the circuit

court's assertion of personal jurisdiction over Lloyd's.

7 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

The Hawaiʻi Supreme Court issued the Womble Bond

opinion after the circuit court entered its Order Denying

Reconsideration, and after Appellants subsequently moved for

leave to file an interlocutory appeal. In Womble Bond, the

Hawaiʻi Supreme Court recognized "conspiracy jurisdiction" as

"allow[ing] [the] court to invoke jurisdiction over a conspiring

out-of-state defendant." 153 Hawaiʻi at 314, 537 P.3d at 1161.

A plaintiff asserting conspiracy jurisdiction must show: "(1) a

conspiracy[;] (2) in which the defendant participated[;] and (3)

a co-conspirator's overt act within the forum, subject to the

long-arm statute and in furtherance of the conspiracy." Id.

(citation omitted). "[The] plaintiff must plead with

particularity, or upon challenge show, the conspiracy as well as

the overt acts within the forum taken in furtherance of the

conspiracy." Id. at 315, 537 P.3d at 1162 (citation omitted).

"Where personal jurisdiction is at issue, [the court]

look[s] to the allegations of the complaint to determine

jurisdiction." Shaw v. N. Am. Title Co., 76 Hawaiʻi 323, 326,

876 P.2d 1291, 1294 (1994) (cleaned up). Appellants alleged

below that Lloyd's participated in a "conspiracy" involving "a

price-fixing scheme taking place in Hawaiʻi's insurance market."

Appellants' conspiracy allegations must be considered in light

of Womble Bond. Generally, "[w]hen there is a change in the law

by court decision between the time of the trial court ruling and

8 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

the time of appeal, the appellate court applies the law

prevailing at the time of the appellate disposition." Jackson

v. Jackson, 84 Hawaiʻi 319, 332, 933 P.2d 1353, 1366 (App. 1997)

(citations omitted). However, where the trial court has not

addressed an issue that requires application of the prevailing

law to the factual record, as is the case here, we decline to

address the issue in the first instance. See Paul v. Dep't. of

Transp., 115 Hawaiʻi 416, 428, 168 P.3d 546, 558 (2007)

(observing that "[i]n determining whether to address a new issue

raised on appeal," an appellate court must consider, inter alia,

"whether consideration of the issue requires additional facts"

(citations omitted)).

For the foregoing reasons, we affirm the interlocutory

Order Denying Reconsideration. 5

DATED: Honolulu, Hawaiʻi, April 23, 2026.

On the briefs: /s/ Karen T. Nakasone Chief Judge Stanley H. Roehrig, /s/ Katherine G. Leonard for Plaintiff/Counterclaim Associate Judge Defendant-Appellant and Plaintiffs-Appellants. /s/ Kimberly T. Guidry Associate Judge David P. Jordan, for Defendant-Appellee.

5 Pursuant to HRAP Rule 34(c), the Appellants' February 6, 2026 Motion for Retention of Oral Argument is denied.