United States Ninth Circuit

The state of Hawaii acted in a commercially reasonable manner in determining the amount of insurance proceeds to accept for disputed repairs after a hurricane disaster, and thus under 42 U.S.C. section 5155(c) it must reimburse FEMA only the amount of proceeds it actually received to make the disputed repairs.

Appellate Information

• Argued 11/05/2001
• Decided 06/26/2002
• Published 06/26/2002

Judges

• BERZON, Circuit Judge:, Before: THOMPSON, O'SCANNLAIN and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Dorothy D. Sellers, with whom Michael S. Vincent was on the briefs, Office of the Attorney General, State of Hawaii, Honolulu, HI, for plaintiff-appellant.


• For Appellees:
  
• Caroline Lewis Wolverton, United States Department of Justice, Civil Division, Washington, DC, for defendants-appellees.