Best Place, Inc. v. Penn America Insurance Co.

NAKAYAMA, Justice.

This appeal and cross-appeal arise from a complaint filed by the plaintiff-appel-lanVcross-appellee The Best Place, Inc. (Best Place) against its insurer, the defendant-ap-pellee/cross-appellant Penn America Insurance Company (Penn). The complaint alleged the following two counts: (1) breach of contract; and (2) tortious breach of the implied covenant of good faith and fair dealing (the tort of bad faith). Prior to trial, both parties filed various motions in limine. Arguing that Hawaii does not recognize the tort of bad faith in the insurance context, Penn moved to exclude…