Keith K. Hiraoka, Esq.
Keith K. Hiraoka concentrates his practice in the areas of insurance coverage counseling and litigation, extracontractual (“bad faith”) insurance litigation, and professional liability defense of insurance agents and lawyers. Mr. Hiraoka has more than twenty six years of trial, arbitration and mediation experience, and has represented numerous insurers, self-insured companies, lawyers, corporate and individual clients in a wide variety of civil litigation matters. Mr. Hiraoka has been involved in many of the appellate cases which have shaped the law of insurance in the State of Hawaii. Mr. Hiraoka is listed in Best Lawyers in America (Ethics and Professional Responsibility Law, Professional Malpractice Law) and Hawaii Super Lawyers.
Insurance Coverage and Bad Faith: Represented insurance company in a commercial general liability coverage and bad faith case which settled favorably after a four-month jury trial.
Insurance Coverage and Bad Faith: Defended commercial general liability insurer that denied having duty to defend securities litigation. Obtained summary judgment which was affirmed on appeal.
Insurance: Successfully defended workers compensation insurer in arbitration over retrospective premium plan and prevailed on client’s counterclaim.
Insurance: Represented liability insurer that sued another insurer to recover contribution for defense and indemnity of mutual insured. Obtained summary judgment which was affirmed on appeal.
Legal Malpractice: Defended business lawyer who allegedly failed to properly represent buyer in purchase of business assets. Defense jury verdict after three week trial.
Legal Malpractice: Defended immigration lawyers who allegedly mishandled adjustment of status proceeding. Arbitrator found for respondents and awarded attorneys fees and costs to clients.
Legal Malpractice: Represented lawyers for a homeowners association who were sued by a disgruntled association member. Plaintiff voluntarily dismissed lawsuit on the first day of trial.
Legal Malpractice: Represented lawyer who allegedly mishandled a plaintiff’s personal injury case. Obtained summary judgment. Client recovered attorney’s fees and costs from plaintiff.
Negligence: Represented high school teacher who chaperoned senior class trip during which a student assaulted the plaintiff. Defense jury verdict.
Insurance Coverage and Bad Faith, Legal Malpractice Defense, Insurance Agents’ Errors & Omissions, Directors & Officers Liability, Product Liability, Aviation, Commercial, and Appellate Litigation.
Miyashiro v. Roehrig, Roehrig, Wilson & Hara, 122 Hawai’i 461, 228 P.3d 341 (App. 2010) (legal malpractice)
Hawaiian Isle Adventures, Inc. v. North American Capacity Ins. Co., 623 F.Supp.2d 1189 (D.Haw. 2009) (insurance coverage)
Walter v. Drayson, 538 F.3d 1244 (9th Cir. 2008), affirming 496 F.Supp.2d 1162 (D.Haw. 2007) (RICO/legal malpractice)
Fong v. Oh, 116 Hawai‘i 187, 172 P.3d 499 (2007) (legal malpractice)
Feibusch v. Integrated Device Technology, Inc. Employee Ben. Plan, 463 F.3d 880 (9th Cir. 2006) (ERISA)
Allstate Ins. Co. v. Davis, 430 F.Supp.2d 1112 (D. Haw. 2006) (insurance coverage)
Fireman’s Fund Ins. Co. v. AIG Hawaii Ins. Co., 109 Hawai‘i 343, 126 P.3d 386 (2006) (insurance coverage)
Hawaii Providers Network, Inc. v. AIG Hawaii Ins. Co., Inc., 105 Hawai‘i 362, 98 P.3d 233 (2004) (insurance coverage)
Robinson Corp. v. Auto-Owners Ins. Co., 304 F.Supp.2d 1232 (D.Haw. 2003) (insurance coverage)
Bailey v. United States, 289 F.Supp.2d 1197 (D.Haw. 2003) (aviation accident litigation)
Blair v. Ing, 95 Hawai‘i 247, 21 P.3d 452 (2001) (legal malpractice)
Torres v. Northwest Engineering Co., 86 Hawai‘i 383, 949 P.2d 1004 (App. 1997) (product liability)
Abramson v. Aetna Cas. & Sur. Co., 76 F.3d 304 (9th Cir. 1996), rehearing and suggestion for rehearing en banc denied, 83 F.3d 1173 (9th Cir. 1996) (insurance coverage)
Kaneshiro v. Alamo Rent-A-Car, Inc., 909 F.Supp. 752 (D. Haw. 1996), superseding 906 F.Supp. 554 (D. Haw. 1995) (insurance coverage)
Swink v. Cooper, 77 Hawai‘i 209, 881 P.2d 1277 (App. 1994) (medical malpractice)
Sentinel Ins. Co., Ltd. v. First Ins. Co. of Hawaii, Ltd., 76 Hawai‘i 277, 875 P.2d 894 (1994) (insurance coverage)
Hawaiian Holiday Macadamia Nut Co., Inc. v. Industrial Indem. Co., 76 Hawai‘i 166, 872 P.2d 230 (1994) (insurance coverage)
Mollena v. Fireman’s Fund Ins. Co. of Hawaii, Inc., 72 Haw. 314, 816 P.2d 968 (1991) (insurance coverage)
Yates v. Fireman’s Fund Ins. Co., 6 Haw.App. 574, 733 P.2d 1219 (1987) (automobile insurance)
Hawaii State Bar Association Seminar on Legal Ethics for Insurance Defense Lawyers (April 2010); “Lawyers, Litigation and Fraud” (Risk and Insurance Management Society, Inc., RIMS 2006); NBI seminars on insurance law and insurance litigation; Lorman Education Services seminars on insurance law and insurance bad faith claims; William S. Richardson School of Law, University of Hawaii (Guest lecturer in Civil Procedure, Evidence).
Awards and Honors:
Listed in The Best Lawyers in America for Ethics and Professional Responsibility Law and Professional Malpractice Law. Martindale-Hubbell Peer Review Rating AV Preeminent. Phi Beta Kappa; Phi Kappa Phi; Hui Po’okela (Mortar Board)
Hawaii State Bar Association (Chair, Insurance Coverage and Litigation Section, 2009-2011); American Bar Association (Member, Sections on Tort & Insurance Practice, Litigation); Defense Research Institute; Hawaii Defense Lawyers Association; Hawai’i Insurance & Risk Communities Round Table; National Intercollegiate Soccer Officials Association; United States Soccer Federation (Referee, Grade 7); Hawaii Scholastic Soccer Federation (Referee); Ko’olau Soccer Referees Association (Treasurer, 2011); National Association of Sports Officials; National Federation of State High School Associations (Referee).