On October 14, 2024, FEMA approved a one-year extension of the Individuals and Households Programs (IHP) for Hawaiʻi, providing vital support to survivors of the Maui wildfires. Financial and Direct Temporary Housing Assistance will now be available until February 10, 2026. Governor Josh Green expressed gratitude for this decision, highlighting the ongoing commitment from FEMA and the federal government to aid recovery efforts. The extension acknowledges the unique challenges faced by the Maui community and aims to help survivors rebuild their lives. All previously approved Individual Assistance programs will continue during this period, emphasizing collaboration between the state and FEMA to support affected residents.

The Hawaii Supreme Court has agreed to address crucial legal questions that will impact the proposed $4 billion settlement for hundreds of lawsuits. This settlement depends on whether the insurance companies can continue their lawsuits against some defendants. The insurance companies have paid over $2.3 billion to fire victims and are seeking to recover money for those payments and future payments through their own lawsuits against those who are responsible for the fire.  The insurance company lawsuits have so far blocked the potential settlement for your benefit.

Judge Cahill had previously ruled to that the insurance companies could not pursue their own lawsuits. To help get this issue resolved as quickly as possible, he then requested the Supreme Court's guidance. The Hawaii Supreme Court has established a timeline for the parties to submit their briefs by mid-December.  We are hopeful that the Court will rule on the issues in early 2025.

On August 30th, Judge Cahill ruled that he wanted the Hawaii Supreme Court to review his prior decision that the Hawaii subrogation statute applies to the property insurers’ subrogation claims.  According to the plain language of the subrogation statute, and consistent with its legislative history, the insurers must pursue their subrogation claims in the Second Circuit (Maui), where the Plaintiffs’ claims are filed, and prove the validity of their claims.  The Plaintiffs are hopeful that the Supreme Court will address this question, and other related questions, soon, but at this point we do not know when the Supreme Court will rule.

On Tuesday, August 13, Judge Cahill removed a significant barrier to the proposed $4 billion global settlement. Insurance companies had initiated separate lawsuits against the same defendants to recover damages of $2.3 billion for themselves for the Maui fires. Judge Cahill ruled that they cannot proceed with their own independent actions and that their claims should be decided in his courtroom along with your claims. This was an important step in stopping the insurance companies from blocking a global settlement. There is still more work to be done, and we will continue to update you. 

What's next?

• Judge Cahill will formalize his Tuesday bench order into a written document, a necessary step for finalizing the proposed settlement.

Governor Josh Green, who played a key role in negotiating the settlement, commended Judge Cahill’s decision and called on insurance industry attorneys to avoid appealing the order which would further delay the settlement for the people of Maui.

• Defendants will pay approximately $4.037 billion into a settlement fund. More specifics on these contributions are to be determined.
• A neutral claims administrator, who is not connected to any party in the lawsuit, would propose a value for each individual claim.
• You will have the right to opt-out of the settlement.