FAQs

Maui Fires means the Maui windstorm and fires of August 2023, including the fires in Lahaina, Kula, and Olinda. Afterwards, thousands of fire victims filed lawsuits seeking relief for both tangible and intangible losses arising out of the Maui Fires.

The Maui Fires Perimeter are the boundaries of the geographic areas burned by the Maui Fires as determined by the Wildland Fire Interagency Geospatial Services (“WFIGS”) Group, as reflected in the WFIGS Interagency Fire Perimeters maps maintained by the National Interagency Fire Center. Lahaina Fire Perimeter, Kula Fire Perimeter, or Olinda Fire Perimeter refer to the specific fire perimeter for the August 8, 2023, fire in each respective area.

The Extended Fire Perimeter is the Maui Fires Perimeter extended by 0.5-miles in all directions.

Case Management Order No. 7 (Procedures for Initial Plaintiff Discovery), entered in the Maui Fire Cases litigation, required plaintiff registration, established certain discovery procedures, and appointed BrownGreer PLC to collect and manage Individual Plaintiff data in the Maui Wildfire Cases. The Portal is the official platform established for these processes.

After the parties reached a settlement, BrownGreer was appointed Claims Processor and will use this same secure online portal for the submission of electronic Claims Questionnaires, supporting documents, and other information. The Portal will store all claims data, including claimant demographic information, supporting documents, claim evaluation calculations, claim review outcomes, and notifications.

The Honorable Peter T. Cahill appointed the following to administer the Individual Settlement Agreement and Individual Settlement Plan:

• Keith W. Hunter | As founder, President and CEO of the Hawaiʻi-based Dispute Prevention & Resolution, Inc., Keith Hunter brings extensive knowledge of Hawaiʻi law and community, which will allow the Maui Fires Individual Settlement to implement a settlement program consistent with the expectations and values of the Maui community. His career in dispute resolution spans over 41 years, and he has successfully served as mediator in approximately 6,000 disputes, claims, and lawsuits. Read more.
  
  
• Hon. Daniel J. Buckley (Ret.) | Judge Buckley brings over 40 years of experience as a litigator in private practice and a judge, including as the Presiding Judge of Superior Court of California, County of Los Angeles. For over three years, he handled mass tort cases, including the Thomas Fire case and several other wildfire cases. Since leaving the bench, Judge Buckley has served as mediator or claims administrator in multiple mass tort cases, including clergy abuse cases, and he has served as special master in several Northern California fire cases, including Dixie, Kincade, and Zogg. Read more.
  
  
• Hon. Louis M. Meisinger (Ret.) | Judge Meisinger has served as a mediator and/or claims administrator in multiple class action and mass tort cases overseeing the settlement and disbursement of claims totaling billions of dollars to victims of catastrophic events ranging from wildfires, mass shootings, gas leaks and explosions, and childhood sexual abuse to contamination and injuries arising from the jettisoning of jet fuel, gold mining activities, sandblasting, and defective products. Read more.
  
  
• Cathy Yanni, Esq. | As a court-appointed special master and/or mediator in cases involving wildfires, multidistrict litigation, mass torts, and class actions, Cathy Yanni has settled tens of thousands of cases, facilitated distribution of billions of dollars to claimants, and designed dozens of claims processes. As Trustee of the PG&E Fire Victim Trust, Yanni oversaw the resolution of over 254,000 claims submitted by nearly 72,000 claimants damaged by the 2015 Butte, 2017 North Bay, and 2018 Camp Fires and paid over $13.66 billion to fire survivors. Read more.

Under Case Management Order No. 7, BrownGreer PLC was appointed in July 2024 to collect and manage Individual Plaintiff data in the Maui Wildfire Cases. After the parties reached a settlement, BrownGreer was appointed Claims Processor and is responsible for executing the claims review process from initial submission through final resolution.

On July 25, 2024, the Court entered Case Management Order No. 7 (Procedures for Initial Plaintiff Discovery) (“CMO 7”), requiring each Claimant, or their attorney, if represented, to register their filed case within 30 days of the entry of CMO 7 (i.e., no later than August 26, 2024) or within 30 days of the filing of a Notice of Adoption, whichever is later. Claimants with unfiled cases, or their attorneys, if represented, also may register.

The Plaintiff Fact Sheet and Damages Questionnaire processes contemplated under CMO 7 were paused in light of the Court’s August 2, 2024, litigation stay. However, registration remains open, and Claimants and Law Firms are encouraged to register all filed and unfiled cases.

NOTE: For a Claimant to participate in the Settlement Program, they must be registered and submit a signed Release before the Return Date, which is December 6, 2025.

Attorneys are encouraged to register Claimants with unfiled cases in the Portal. When doing this, the attorney must affirm under Hawaiʻi Rule of Civil Procedure 11 that they represent the Claimant in question and that the information being submitted is true and correct to the best of the attorney’s knowledge. Unrepresented Claimants also can register in the Portal.

NOTE: For a Claimant to participate in the Settlement Program, they must be registered and submit a signed Release before the Return Date, which is December 6, 2025.

The Plaintiff Fact Sheet and Damages Questionnaire processes contemplated under CMO 7 were paused in light of the August 2, 2024, discovery stay. However, registration remains open, and Claimants, or their attorneys, if represented, are encouraged to register all cases, both filed and unfiled.

NOTE: For a Claimant to participate in the Settlement Program, they must be registered and submit a signed Release before the Return Date, which is December 6, 2025.

You can find certain court documents in the Court Information section on the public website. Additional Settlement Program documents and program guides are available to law firms and pro se Claimants in their Portals.

The full docket is available on the Hawaiʻi State Judiciary website.

To be eligible to receive a Monetary Award from the Fund, a Claimant must: (1) have a potential Claim against one or more Releasees arising out of the Maui Fires; (2) timely and validly execute and submit a Release; (3) timely submit an executed stipulation for dismissal with prejudice for any claims filed in any court, if any; and (4) timely submit a Claims Questionnaire and supporting documentation. Section IV of the Individual Settlement Plan includes additional information about threshold eligibility requirements.

Consistent with the terms of the Individual Settlement Agreement, Class Representatives, Class Claimants, and Non-Participants are not eligible to submit any Claim to, or receive any Monetary Award from, the Settlement Program.

Yes, if you are the Authorized Representative for a deceased individual’s Estate, you can file Claims for an individual who had damages arising from the Maui Fires. Such a Claim can be filed for an individual who died in the Maui Fires or who died after the Maui Fires. 

Claimants may submit any of the following Claims for which they are eligible:

(a) Real Property

(b) Personal Property

(c) Alternative Living Expenses/Loss of Use

(d) Wage Loss

(e) Business Loss

(f) Displacement/Loss of Quiet Enjoyment

(g) Zone of Danger

(h) Physical Injury

(i) Wrongful Death

(j) Other Damages

If you need assistance, contact us at info@mauiwildfirecases.com.

Click the Log In button in the top header of the Maui Wildfire Cases public website. Enter your login ID and password and click the Log In button. 

The first time you use the Portal, you will be required to review and agree to the Portal User Agreement. You will also need to update your temporary password. Follow the on-screen instructions or contact info@mauiwildfirecases.com if you need any assistance.

If you are a Pro Se Claimant (a Claimant that does not have an attorney) in the Settlement Program, you will need to contact the Claims Processor to request the creation of a Pro Se Portal for you to submit documents and communicate with the Settlement Program. You can email the Claims Processor at info@mauiwildfirecases.com and will need to provide the Claims Processor with an active, unique email address to create the Pro Se Portal.

Attorneys whose law firm has not yet been granted access may request Portal access by clicking Request Access on the public website and providing the required information. The Claims Processor will contact you after creating a new Firm Portal for your law firm. If your firm already has Portal access, your firm’s Portal Administrator can grant you access by adding you as a new user through the Firm Administration – Manage Firm Users section of the Portal.

Each firm will have its own Portal. Both you and co-counsel will need to request access to the Portal. After you have both established access, email info@mauiwildfirecases.com identifying the Claimants that you represent with co-counsel. We will link these Claimants to both co-counsel Portals, and both firms will be able to see and edit all Claimant documents, registration data, and other information related to these shared Claimants.

Your firms will only be able to view the shared Claimants that you specifically asked the Claims Processor to link to each of your Portals. Your co-counsel will not have access to any Claimants in your inventory that you do not represent together and have not specifically asked us to link to both firms.

Any authorized user that you add to your law firm’s Portal will have access to your entire Claimant inventory. This means that if you have granted co-counsel access to your Portal as an authorized user, that firm will be able to see all documents, registration details, and other information related to your entire Claimant inventory, including Claimants who you do not represent together.

If you would like for co-counsel to have access only to certain Claimants in your inventory that you represent together, we will establish separate Portals for your firms and then will link your shared clients to each Portal. To do this, email info@mauiwildfirecases.com identifying the Claimants that you represent with co-counsel and would like to link to multiple Portals.

Claimants, or their representatives, must provide the following demographic information:

(a) Name

(b) Taxpayer Identification Number (“Tax ID Number”) or Foreign ID

(c) Date of Birth (if the Claimant is an individual)

(d) Individual Claimant Type (e.g., Deceased, Incapacitated, or Minor, if relevant)

(e) Date of Death (if an Individual Claimant is deceased)

(f) Authorized Representative(s) (if the Claimant is a deceased, minor, or incapacitated individual or a business, trust, or estate)

(g) Authorized Representative Relationship to Claimant (if Claimant has an Authorized Representative)

This data is critical for confirming a Claimant exists and enabling the program to accurately identify and collaborate with firms to resolve duplicate Claimant registrations – both within a firm’s client inventory and representation overlaps where a Claimant has been registered by multiple law firms. We also use this information to confirm Release submissions, and it is central to downstream claims administration, reporting, and payment processes, including coordination with the One ʻOhana Fund and with anonymization of minors’ data.

A Tax ID Number is a government-issued identification number. For individuals, this is a Social Security Number (“SSN”) or an Individual Taxpayer Identification Number (“ITIN”). Businesses, trusts, and estates must submit an Employer Identification Number (“EIN”).

Individuals who do not have an SSN or ITIN may provide a Foreign ID Number, which is a unique identifier assigned by their country of origin, such as a national insurance number or a passport number. Individuals submitting a Foreign ID must provide records corroborating the Foreign ID Number and confirming the issuing country.

In your Portal, open the Claimant Details screen for the Claimant whose information you need to update and click the Edit Claimant button to add or update relevant information.

You can change Claimant demographic information any time before we begin to verify it. After we begin the verification process, you must contact the Claims Processor to request corrections to a Claimant’s demographic information.

Register minors using their full name and information. The Portal is a secure, closed system, in which it is safe to provide those details. When registering minors, identify the Individual Claimant Type as Minor and provide the Minor Claimant’s Tax ID Number and date of birth. You also must identify an Authorized Representative for each minor before completing the Release process.

If the Deceased Claimant has a probated estate, register the estate using its legal name as an Estate Claimant, e.g., Estate of John Doe. If there is no probated estate, register the decedent in their individual name.

When registering an estate, provide the estate’s Tax ID Number. When registering a decedent, provide the decedent’s Tax ID Number, date of birth, and date of death. You also must identify an Authorized Representative for each Estate or Deceased Claimant before completing the Release process.

You must identify an Authorized Representative for each Claimant who is a deceased, minor, or incapacitated individual or that is a business, trust, or estate. You can identify Authorized Representatives during registration or later in the Claimant Details screen in your Portal.

In the Claimant Details screen, click the Edit Claimant button and add or update the Authorized Representative information. You will need to submit supporting documentation for any identified Authorized Representative(s). You can submit this documentation during registration. It will be required to complete the Release process.

Law Firms who need assistance uploading Authorized Representative details in bulk should contact their Case Manager.

No. You do not need a lawyer to register in the Maui Wildfire Cases Portal. If you are represented by a lawyer and have questions about your registration, please direct any questions to your Law Firm. 

No. A Claimant can be represented only by an actively licensed lawyer in good standing. Claims preparation firms, legal advocates, advisors, claims adjusters, or other persons or entities may not represent Claimants in the Maui Fire Cases.

Overlapping Claimant means a single Claimant that has been registered in the Portal by multiple law firms. The MWF 2004 Potential Overlapping Representation Report, available in the Reporting tab of each Law Firm’s Portal, identifies that firm’s potential Overlapping Claimants by pinpointing (1) Claimants with the same reported Tax ID Number and (2) individual Claimants with the same first name, last name, and date of birth.

Each Law Firm is responsible for regularly reviewing this report, conferring with any other identified Law Firms, and jointly notifying the Claims Processor of any resolution of the overlapping representation. Ultimately, the representative decision rests with the client; however, the lawyers are responsible for communicating the decision to the Claims Processor.

After the Law Firms that registered an Overlapping Claimant agree on which Law Firm will continue representing the Claimant, they must jointly inform the Claims Processor which Claimant ID should remain active for the Claimant and which Law Firm will represent the Claimant. Firms must email a completed Duplicate Claimant & Overlapping Claimant Resolution Template to info@mauiwildfirecases.com.

Duplicate Claimant means a single Claimant that a Law Firm has registered more than once in their own Portal. The MWF 2003 Potential Duplicates Report, available in the Reporting tab of each Law Firm’s Portal, identifies that firm’s potential Duplicate Claimants by pinpointing (1) Claimants with the same reported Tax ID Number and (2) individual Claimants with the same first name, last name, and date of birth.

Each law firm is responsible for regularly reviewing this report and notifying the Claims Processor of their desired resolution for the duplicate registration.

To resolve Duplicate Claimant registrations, a Law Firm must confirm or update the Claimant demographic information they submitted during registration then verify that: (1) the potential Duplicate Claimants are two different people or entities with the same or similar demographic information or (2) the potential Duplicate Claimants are the same person or entity, and the Claimant IDs should be merged. Firms must email a completed Duplicate Claimant & Overlapping Claimant Resolution Template to the Claims Processor at info@mauiwildfirecases.com.

To participate in the Settlement Program, each Claimant, or their Authorized Representative, must timely and validly sign and submit a completed Release by the Return Date, which is December 6, 2025.

The Release must be signed by or on behalf of the Claimant. If the Claimant is an individual who has legal capacity, the Claimant must sign the Release. The Settlement Program will not accept Releases signed by a power of attorney or other agent acting for an individual with legal capacity. In all other instances, the Authorized Representative must sign on behalf of the Claimant and must submit appropriate proof of representative capacity.

Claimants are not required to complete the Certification of Counsel or Medical Declaration included as Appendices A and B to the version of the Individual Settlement Agreement executed November 1, 2024 (and attached as Exhibit 4 to the Plan).

On May 9, 2025, Liaison Counsel moved the Court to approve a version of the Release that added signature lines and removed these appendices, and the Court approved on June 3, 2025. See 2CSP-23-0000057, Dkt. Nos. 2308 and 2352. For this reason, the Release available on Law Firm and Claimant Portals does not include either appendix.

Each Claimant, or their Authorized Representative, must timely and validly sign and submit a completed Release by the Return Date, which is December 6, 2025.

No. To participate in the Settlement Program, each Claimant or their Authorized Representative, must timely and validly sign and submit a completed Release by the Return Date, which is December 6, 2025.

Releases are available to sign and submit through the Portal. The Portal includes copies of the Release as well as a Release Reference Guide available to Law Firms and registered pro se Claimants. Represented Claimants may sign the Release in the Portal if their law firm authorizes and initiates the e-signature process.

Liaison Counsel had the Release translated into Spanish, Ilocano, and Tagalog. Because these translations have not been approved by the Defendants or Court, they are currently available for reference only. Claimants must sign and submit the Court-approved English version of the Release. If you would like a translated copy of the Release for reference only, email your request to info@mauiwildfirecases.com.

In cases where multiple Authorized Representatives have equal authority to sign the Release on behalf of a Claimant, any one of those Representatives may sign the Release.

A Minor Claimant means a Claimant who is under the age of 18 years and has not been emancipated.

An Authorized Representative or Next Friend must sign the Release on behalf of a Minor Claimant. If a Conservator has been appointed for the Minor Claimant, that person will be their Authorized Representative and must submit a copy of a court order or letters of conservatorship identifying the Authorized Representative as Conservator for the Minor Claimant.

If no Conservator has been appointed, the Court can appoint a parent or legal guardian as Next Friend authorizing them to sign a Release on behalf of a Minor Claimant. A proposed Next Friend must provide the Settlement Program with his/her name, contact email address and relationship to the Minor Claimant, must petition the Court for approval of that person to act as Next Friend, and if the request is granted, must submit a copy of the approval order to the Claims Processor.

No. The Court appointment of a parent or legal guardians as Next Friend is for the sole purpose of signing a Release on behalf of a Minor Claimant. If the Settlement Program determines the Minor Claimant’s Claims are compensable, a Conservator will be required to act as Authorized Representative for purposes of approving the determination and method of payment (e.g., funding a structured settlement or other appropriate mechanism protecting the Minor Claimant’s interests). The Conservator can be the same as the Next Friend but must still provide a copy of the court order or letters of conservatorship identifying the Next Friend as Conservator for the Minor Claimant.

An Incapacitated Claimant is a Claimant who a court has determined (a) is, for reasons other than being a minor, unable to receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate and reasonably available technological assistance; or (b) has property that will be wasted or dissipated unless management is provided or money is needed for the support, care, education, health, and welfare of the individual or of individuals who are entitled to the individual's support and that protection is necessary or desirable to obtain or provide money.

An Authorized Representative must sign the Release on behalf of an Incapacitated Claimant. To establish Authorized Representative authority, the Conservator must submit a copy of the order appointing them as such and proof of acceptance of the appointment.

A Deceased Claimant is an individual Claimant who is deceased by any cause and does not have an open probate estate. An Estate Claimant is an entity Claimant that is the probated estate of a deceased Claimant.

An Authorized Representative, generally the personal representative (e.g., executor, administrator, or special administrator), must sign the Release on behalf of a Deceased/Estate Claimant. To establish Authorized Representative authority, the personal representative must submit a court order, letters testamentary, letters of administration, or other document issued by a court or other appropriate official and appointing the Authorized Representative as personal representative to act on behalf of the decedent’s estate.

A Trust Claimant is a Claimant that is a legal trust of any kind that holds ownership interest in a Claim.

An Authorized Representative must sign the Release on behalf of a Trust Claimant. To establish Authorized Representative authority, the trustee must submit a signed trust document or certification of trust reflecting that they are trustee and that the Claims are property of the trust.

A Business Claimant is a Claimant that is a corporation, company, partnership, limited liability company, joint venture, association, or other entity that holds ownership interest in a Claim. This does not include Estate Claimants or Trust Claimants.

Real Property Claims are claims for damage to structures on residential or commercial real property, landscaping, native plants, and other real property improvements (e.g., hardscape, fencing, retaining walls, pools, and solar panels) caused by the Maui Fires.

The Settlement Program will evaluate Real Property Claims for damage caused by the Maui Fires to structures, Vegetation and Landscaping, and other Real Property Improvements (e.g., hardscape, fencing, retaining walls, pools, and solar panels) on Residential Real Property or Commercial Real Property.

A Real Property Claim may be submitted only by the Owner of the Real Property that was damaged or destroyed. Accordingly, Claimants asserting Real Property Claims must demonstrate property ownership rights recognized under Hawai‘i law.

If a property has multiple Owners, Claimants may submit a single joint Claim or separate Claims for the same loss location address. All Claimants must provide documentation verifying ownership and the ownership percentage of each co-owner.

To be eligible to submit a Real Property Claim under a lease, the Claimant must submit a copy of a lease that:

(a) Was executed before the Maui Fires;

(b) Gave the Claimant the right to possess the property at the time it was damaged by the Maui Fires; and

(c) Established the Claimant is responsible for repairs to the property for damage caused by the Maui Fires.

The Settlement Program will require Claimants to provide documentation that verifies the lease terms and conditions listed above.

If the property owner is deceased, the deceased owner’s estate should be registered as an Estate Claimant and should submit the Claim. When registering, the personal representative(s) should be identified as Authorized Representative(s) for the Estate Claimant, but the Authorized Representative(s) cannot file the claim individually.

If a trust owns the property, the trust should be registered as a Trust Claimant and should submit the Claim. When registering, the trustee(s) should be identified as Authorized Representative(s) for the Trust Claimant, but the Authorized Representative(s) cannot file the claim for Real Property individually.

If the Claimant is still a minor, their Authorized Representative must submit a deed or legal document confirming the transfer of the property under HUTMA and identifying the designated custodian managing the property on behalf of the Minor Claimant. If the Claimant has reached the age of 21, or the transferor has specified an earlier age (not less than 18), they must submit documents confirming the transition of property control.

Claimants must submit one or more of the following documents identifying all Owners of the Real Property and verifying each Owner’s ownership percentage allocation:

(a) Recorded Deed;

(b) Land Grant;

(c) Certificate of Title;

(d) Lease, Sublease, or Recorded Memorandum of Lease; or

(e) Other official documentation establishing ownership at the time of the Maui Fires.

If a Claimant’s name appears differently on their property records or deed than it does in the Maui Portal, they must provide sufficient documentation proving a connection between names. This may include government-issued ID(s), birth certificates, marriage certificates, divorce decrees, court documents, and court orders for a name change.

The Settlement Program considers a number of factors when evaluating Real Property Claims and will compensate the Claim using one of two methods:

(a) Reasonable Cost or Repair; or

(b) Diminution in Value.

Qualifying Claimants who own the Real Property will be eligible to receive the documented, Reasonable Cost of Repair. Claimants who no longer own the Real Property will be eligible to receive the lesser of: (a) Diminution in Value or (b) Reasonable Cost of Repair. For properties that sustained only smoke and ash damage, the Settlement Program will calculate damages strictly based on the actual, documented costs incurred by the Claimant for remediation.

If your property was not damaged by the Maui Fires, do not file a Real Property Claim. If your property sustained only smoke and ash damage, the Settlement Program will calculate damages strictly based on the actual, documented costs incurred by the Claimant for remediation. Compensation will be limited to amounts reasonably related to the smoke and ash damage and only to the extent that the Claimant submits sufficient supporting documentation demonstrating both the existence of the damage and the costs incurred and paid to repair or remediate.

Qualifying Claimants who no longer own the Real Property will be eligible to receive the lesser of: (a) Diminution in Value or (b) Reasonable Cost of Repair.

Claimants must support their Reasonable Cost of Repair by submitting one or more of the following documents, as applicable:

(a) Plans, construction contracts, or invoices;

(b) Architectural or engineering drawings;

(c) Permits;

(d) Construction estimates;

(e) Appraisals;

(f) Insurance claim files;

(g) Tax records;

(h) Purchase records;

(i) Association real property assessment records;

(j) Mortgage or loan documentation showing the pre-Fire condition or value of the property; or

(k) Pre-Fire and post-Fire photos or videos of the structures (interior or exterior) or other damaged areas of the property.

Personal Property Claims are for the actual cash value of Personal Property, such as household items, clothes, furniture, tools, art, automobiles, or watercraft that were damaged or destroyed by the Maui Fires.

A Personal Property Claim may be submitted only by the Claimant who owned the Personal Property that is the subject of the Claim. Claimants may submit Personal Property Claims for each address or loss location where Personal Property was damaged or destroyed by the Maui Fires.

The Settlement Program may consider a number of factors when evaluating Personal Property Claims. Claimants will be assigned to a category based primarily on their relationship to the affected address or loss location, and each category has an established cap on the amount a Claimant may receive. Sections IV.B and IV.C of the Claims Regulations includes more information about the Personal Property determination factors and damages valuations.

Claimants must submit one or more of the following documents to support their Personal Property Claim:

(a) Proof of residence at a property affected by the Maui Fires;

(b) Proofs of purchase for Personal Property (e.g., receipts, invoices);

(c) Insurance claim files;

(d) Pre-Fire appraisals;

(e) Canceled checks;

(f) Bank statements;

(g) Proofs of payment for storage or visit (e.g., storage locker agreement/invoice, hotel receipt); or

(h) Pre-Fire and post-Fire photos or videos showing that the Claimant possessed the damaged property.

No. Damage to Business Personal Property is not compensable as a Personal Property Claim and, instead, must be asserted as part of a Business Loss Claim.

No. The sentimental or cherished value of items is not compensable under Personal Property. Personal Property Claims will be evaluated based on the actual cash value of or the cost to repair items.

No. The Settlement Program does not require an inventory or list of items. However, Claimants may provide a brief description along with an estimated value of their loss.

Claimants who believe the established categories do not adequately reflect the value of their Personal Property may request a discretionary review by the Special Masters. Section IV.D of the Claims Regulations include more information about the discretionary review requirements.

Scheduled Items means Personal Property that are specifically added to an insurance policy, beyond the standard Coverage C limit, and are individually listed with their own coverage amounts.

The Settlement Program will consider Scheduled Items separately from the standard Personal Property categories if Claimants submit insurance policies and related claim files for the claimed Scheduled Items. Claimants also must submit documentation showing (1) pre-Fire ownership, (2) proof of damage caused by the Maui Fires, and (3) the actual cash value or cost of repair of the item at the time of the Maui Fires. If Claimants cannot or do not provide sufficient documentation to support a reasonable repair cost or the actual cash value, compensation will be limited to the amount determined by their insurer.

Automobiles, Watercraft, and Other Vehicles includes cars, trucks, motorcycles, buses, recreational vehicles (RV), scooters and mopeds, golf carts, dirt bikes and ATVs, boats, jet skis, trailers, underwater vessels (e.g., submarines, submersibles), amphibious vehicles, or any other vehicle or vessel registered in the County of Maui.

The Settlement Program will consider Automobiles, Watercraft, and Other Vehicles separately from the standard Personal Property categories. Claimants must submit documentation showing (1) pre-Fire ownership, (2) proof of damage caused by the Maui Fires, (3) the actual cash value or cost of repair of the item at the time of the Maui Fires, and (4) insurance policies and related claim files for all insured Automobiles, Watercraft, and Other Vehicles. If a Claimant is only able to document proof of ownership and damage, the Settlement Program may provide compensation of up to $1,000 per item.

Acceptable proof of ownership documentation for Scheduled Items, Automobiles, Watercraft, and Other Vehicles includes:

(a) Proofs of purchase or ownership, such as a receipt, bill of sale, title, title transfer form, insurance card, registration;

(b) Pre-Fire and post-Fire photos or videos; and

(c) Valuations, including professional appraisals, insurance documents, Kelley Blue Book or NADA valuations, comparable sales from licensed retailers, consummated sales from private listings, and repair invoices or estimates.

ALE/LOU Claims are claims for additional living expenses (“ALE”) (e.g., extra costs incurred due to displacement, such as temporary housing, meals, incidentals) and loss of use (“LOU”) (e.g., the loss of use of property) caused by the Maui Fires.

An ALE/LOU Claim may be asserted only by or on behalf of an individual Claimant who, as an Owner, renter, or occupant, lawfully resided at a property as their primary personal residence affected by the Maui Fires. Individual Claimants must have experienced physical displacement from their primary personal residence as a result of damage or destruction caused by the Maui Fires.

The Settlement Program may consider a number of factors when evaluating ALE/LOU Claims and will measure the Claim using one of two methods:

(a) ALE. ALE is recoverable by Owners, renters, or occupants who resided full-time at the property. Eligible Claimants may receive the full, proven amount of additional expenses incurred as a result of being displaced by the Maui Fires. Eligible Claimants who assert ALE but cannot provide documentation to support a specific amount may receive compensation of up to $5,000.

(b) LOU. LOU is recoverable only by Owners who resided full-time at the property. LOU is calculated by determining the fair rental value of the property immediately before the Maui Fires and multiplying that amount by the number of months the Claimant was displaced.

ALE/LOU Claim calculations end on the date the Claimant obtains a replacement home, sells the property, completes repairs to the property, or returns to the property – whichever occurs first. ALE/LOU compensation is limited to a maximum of 60 months from the date of the Maui Fires. Additionally, for properties that sustained smoke and ash damage, ALE/LOU determinations will be limited to documented costs incurred and paid.

No. ALE/LOU Claims are not intended for landlords or Owners who did not reside at a property full-time, nor for short-term occupants, such as tourists or temporary visitors.

No. Claims for lost rental income or business-related losses must be asserted as a Business Loss Claim.

Claimants must submit one or more of the following documents to support their ALE/LOU Claim:

(a) Documents verifying lawful residency at the property;

(b) Insurance claim files;

(c) Receipts for temporary housing, food, or other expenses incurred as a result of displacement caused by the Maui Fires;

(d) Post-Maui Fires rental agreements and utility bills;

(e) Storage fees;

(f) Mileage logs;

(g) Bank statements; or

(h) Rental estimates.

Section V.D of the Claims Regulations includes more information about ALE/LOU Claim document requirements.

Wage Loss Claims are claims filed by or on behalf of individuals who (a) were paid wages reported on a Form W-2 or (b) were sole proprietors or independent contractors who did not report expenses on a Schedule C filed with their 2023 federal income tax returns; and (c) lost wages due to their property damage or Treated Personal Injury that occurred within the Extended Fire Perimeter and was caused by the Maui Fires.

If you are a sole proprietor or an independent contractor and do not report expenses on the Schedule Cs you file with your federal income tax returns, you may submit a Wage Loss Claim. If you report expenses on your Schedule C for a business you own, you should submit a Business Loss Claim instead.

If a Claimant owns a business impacted by the Maui Fires and was paid wages by the business, the Claimant will not be eligible for a Wage Loss Claim attributable to that business. Instead, these losses should be asserted as a Business Loss Claim.

No. You should assert lost rental income as a Business Loss Claim.

This is the period of time before the Maui Fires that serves as a baseline to establish the Claimant’s pre-Fire wages. Claimants must select one of the following Benchmark Periods by providing the required supporting documentation over the included calendar years:

(a) Average of 2021 and 2022;

(b) 2022;

(c) Pro-rated calculation for 2023.

This is the period of time after the Maui Fires over which the Settlement Program will base its future payment calculations for lost wages as a result of the Fires. Claimants are responsible for demonstrating the duration during which they experienced wage loss caused by the Maui Fires, as a Claimant's Loss Period may depend on various factors, including the extent of their property damage and/or personal injury. Section VI.C of the Claims Regulations includes more information about applicable Loss Periods for Wage Loss Claims.

The documents required to support your Wage Loss Claim will depend on your circumstances and the type of review you select (e.g., Expedited Wage Loss Review vs. General Wage Loss Review). Section VI.E of the Claims Regulations includes more information about Wage Loss document requirements. Examples of documents that may support your Wage Loss Claim include:

(a) Tax returns (i.e., 1040 Forms), including all schedules and attachments;

(b) W-2 Forms;

(c) 1099 Forms;

(d) Social security statement showing wage income in 2022 or 2023;

(e) Paystub, paycheck, or other payroll records; and

(f) Other supporting documents within the Claimant’s possession.

Individuals who did not have any wage or other income for a given year or years included in the Benchmark or Loss Periods can request a Wage and Income Transcript from the IRS, free of charge, on the IRS website (www.irs.gov/individuals/transcript-types-for-individuals-and-ways-to-order-them). Follow the website instructions to request a Wage and Income Transcript, and then submit the transcript to the Settlement Program along with your other Wage Loss documentation.

Expedited Wage Loss Review is a streamlined process allowing Claimants to receive a fixed award of either $2,000 or $5,000 after proving eligibility and causation and providing limited wage loss documentation. Section VI.C.1 of the Claims Regulations includes more information about Expedited Wage Loss Reviews.

General Wage Loss Review is a wage loss calculation based on the difference between a Claimant’s Predicted Post-Maui Fires Income and Actual Post-Maui Fires Income over the applicable Loss Period. This calculation is based on Benchmark Period data and uses the Claimant’s proven Loss Period, up to a maximum of 40 months from the date of the Maui Fires. Section VI.C.2 of the Claims Regulations includes more information about General Wage Loss Reviews.

Individualized Wage Loss Review is a specialized review by a forensic accountant. The Special Masters may, at their discretion, refer any Wage Loss Claim for Individualized Review. Additionally, Claimants may request Individualized Review if they (a) have insufficient historical wage data; or (b) suffered partial or total long-term or permanent disability as a result of a Treated Personal Injury. Section VI.C.3 of the Claims Regulations includes more information about Individualized Wage Loss Reviews.

Business Loss Claims are claims for economic losses suffered by a business as a result of damage to the business’ property or Treated Personal Injury caused by the Maui Fires. These economic losses include lost net profits, lost net rental income, damaged or destroyed business property or inventory, and reasonable remediation expenses.

Any authorized business representative may submit a claim for the business; however, the Claimant Name on the Claims Questionnaire must be the business name as it appears on the business’ tax returns, and the Taxpayer Identification Number must be the business’ EIN. Owners of a business entity should not submit claims under their SSNs for their separate ownership interests in the business.

This is the period of time before the Maui Fires that serves as a baseline to establish the Claimant’s pre-Fire revenues and expenses. Claimants must select one of the following Benchmark Periods by providing the required supporting documentation over the included calendar years:

(a) Average of 2021 and 2022;

(b) 2022; or

(c) Pro-rated calculation using 2023.

This is the period of time after the Maui Fires over which the Settlement Program will base its future payment calculations for lost profits as a result of the Fires. Claimants are responsible for demonstrating the duration during which they experienced profit loss caused by the Maui Fires, as a Claimant's Loss Period may depend on various factors. Section VII.C of the Claims Regulations includes more information about applicable Loss Periods for Business Loss Claims.

The documents required to support your Business Loss Claim will depend on your circumstances and the type of review you select (e.g., Expedited Business Loss Review vs. General Review). Section VII.D of the Claims Regulations includes more information about Business Loss document requirements.

Examples of documents that may support your Business Loss Claim include but are not limited to:

(a) Business formation and ownership verification records;

(b) Profit and loss statements;

(c) Tax returns, including all schedules and attachments;

(d) Insurance disclosure and documentation;

(e) Accounting records or receipts for claims including lost inventory, equipment or property repair, and additional incurred fire-related expenses;

(f) Lease agreements, rental contracts, or property management statements for claims including lost rental income; and

(g) Other supporting documents within the Claimant’s possession.

You can request Annual Federal Tax Return transcripts for missing years by visiting www.irs.gov and filling out a Form 4506-T (Request for Transcript of Tax Return).

Expedited Business Loss Review is a streamlined process allowing Claimants to receive a fixed award of $10,000 after proving eligibility and causation and providing limited business loss documentation. Section VII.C.1 of the Claims Regulations relates to Expedited Business Loss Reviews.

General Business Loss Review is an income loss calculation based on the difference between the Claimant’s Predicted Post-Maui Fires Income and Actual Post-Maui Fires Income over the applicable Loss Period. This calculation is based on Benchmark Period data and uses the Claimant’s proven Loss Period, up to a maximum of 60 months from the date of the Maui Fires. Section VII.C.2 of the Claims Regulations includes more information about General Business Loss Reviews.

Individualized Business Loss Review is a specialized review by a forensic accountant. The Special Masters may, at their discretion, refer any Business Loss Claim for Individualized Review. Additionally, Claimants may request Individualized Review if they (a) have insufficient historical income data (e.g., a start-up business); (b) have multiple loss locations; (c) are sole proprietors and establish a Treated Personal Injury; or (d) operate a business in a specialized industry (e.g., agriculture). Section VII.C.3 of the Claims Regulations includes more information about Individualized Business Loss Reviews.

Displacement/Loss of Quiet Enjoyment Claims (“Displacement Claims”) include claims by an individual owner, renter, or occupant of a property located within the Extended Fire Perimeter who suffered emotional distress/mental anguish because of displacement from, or the loss of quiet enjoyment of, their residence as a result of the Maui Fires. These Claims also consider annoyance, discomfort, and inconvenience due to the displacement or loss of quiet enjoyment.

Claimants must submit records detailing their displacement/loss of quiet enjoyment, including the following:

a. Documents verifying the Claimant’s displacement/loss of quiet enjoyment, such as:

(1) Insurance claims;

(2) Photos and videos of the property;

(3) Out-of-pocket living expenses (e.g., hotel receipts, temporary housing agreements);

(4) Shelter or aid organization intake records;

(5) Utility service interruption or shutoff notices;

(6) Environmental or health hazard reports;

(7) Maintenance or repair invoices;

(8) Statements from healthcare providers; or

(9) Records of therapy or counseling; and

b. Documents verifying the Claimant’s relationship to and right to reside at the property, such as:

(1) Insurance claim files;

(2) Verification of ownership;

(3) Lease, Sublease, or Rental Agreement showing date of occupancy;

(4) Cancelled checks for rent;

(5) Utility bills;

(6) Driver’s license or government-issued photo ID;

(7) Bank statements;

(8) Tax documentation, including Schedule E forms and depreciation schedules documenting the duration of personal use;

(9) School or employment records; or

(10) If any of the above cannot be provided, the Claimant may submit testimonies or signed affidavits from landlords, roommates, or family members familiar with the living situation to support their assertion.

Zone of Danger Claims include claims for emotional distress/mental anguish an individual experienced as a result of evacuating from or sheltering-in-place within the Extended Fire Perimeter during the Maui Fires. Zone of Danger Claims may also include compensation for related medical treatment.

Claimants who were outside the Extended Fire Perimeter or who did not fear for their safety or the safety of a family member while evacuating or sheltering-in-place during the Maui Fires are not eligible for Zone of Danger compensation from the Settlement Program.

Claimants must submit records detailing their evacuation or shelter-in-place experience, which may include:

(a) Photos, videos, texts, emails, or social media content created by the Claimant while evacuating or sheltering-in-place;

(b) Records of counseling mental health treatment and associated billing that clearly identifies amounts incurred and paid by the Claimant and any insurance company or other third-party payor; and

(c) A written narrative totaling two double-spaced pages or less detailing the Claimant’s experience evacuating or sheltering-in-place.

Physical Injury Claims are claims for physical, bodily injuries an individual suffered because of their presence within the Extended Fire Perimeter at the time of the Maui Fires. Physical Injury Claims may include compensation for related medical treatment. Claimants must establish that the Maui Fires were a substantial contributing factor causing physical, bodily injury for which they sought medical treatment.

Claimants who were outside the Extended Fire Perimeter or who did not receive treatment for their asserted physical injuries are not eligible for Physical Injury compensation from the Settlement Program.

Maybe. Any Claimant who is eligible for payment from the One Ohana Fund must register for, and seek payment from, the One Ohana Fund as a condition precedent to receiving any funds from the Individual Settlement Fund. If you are or may be eligible for payment from the One Ohana Fund and have not registered for and sought payment from the One Ohana Fund, you must do so before you can pursue a Physical Injury Claim in the Settlement Program.

The February 2024 Maui Wildfires Compensation Program Protocol (available at www.mauicompensationfund.com) provides a One Ohana eligibility overview.

Claimants may be eligible to receive additional money from the Settlement Program beyond any amounts previously received from the One Ohana Fund. However, a Claimant’s Physical Injury Claim Determination will be reduced on a dollar-for-dollar basis by the amount of any Serious Physical Injury payment received or due from the One Ohana Fund for the same injury or related medical expense.

Claimants must submit treatment records that (1) identify the type, severity, and extent of their asserted physical injury, (2) establish, to a reasonable degree of medical certainty, that the Maui Fires were a substantial contributing factor causing the injury, and (3) reflect all treatment(s) required and received. Claimants must also submit complete medical billing records for required medical care received for the asserted physical injury. Medical billing records must clearly identify amounts incurred and paid by the Claimant and any insurance company or other third-party payor. Section X.B of the Claims Regulations includes more information about supporting documents for Physical Injury Claims.

Wrongful Death Claims assert damages from the alleged wrongful death of any individual who died in the Maui Fires or who was within the Extended Fire Perimeter at the time of the Maui Fires and, to a reasonable degree of medical certainty, died as a result of the Maui Fires. The Special Masters have devised Wrongful Death Claims Regulations ensuring a streamlined and sensitive process providing Claimants and their family members the dignity that is critical to successfully resolving legal claims relating to these extraordinary losses.

Under Hawaiʻi law, a Wrongful Death Claim may be asserted by any of the following Eligible Relatives or by the decedent’s Authorized Representative on their behalf:

(a) The decedent’s surviving spouse;

(b) The decedent’s reciprocal beneficiary;

(c) The decedent’s children;

(d) The decedent’s father;

(e) The decedent’s mother; and

(f) Any person wholly or partly dependent upon the decedent.

Maybe. Any Claimant who is eligible for payment from the One Ohana Fund must register for, and seek payment from, the One Ohana Fund as a condition precedent to receiving any funds from the Individual Settlement Fund. If you are or may be eligible for payment from the One Ohana Fund and have not registered for and sought payment from the One Ohana Fund, you must do so before you can pursue a Wrongful Death Claim in the Settlement Program.

The February 2024 Maui Wildfires Compensation Program Protocol (available at www.mauicompensationfund.com) provides a One Ohana eligibility overview.

Claimants may be eligible to receive additional money from the Settlement Program beyond any amounts previously received from the One Ohana Fund. However, Wrongful Death Claim Determinations will be reduced on a dollar-for-dollar basis by any payments received or due from the One Ohana Fund related to the same decedent’s death.

No. Because Eligible Relatives may have different attorney representation, including proceeding without representation, the Settlement Program does not require all Eligible Relatives for the same decedent to submit a joint Claims Questionnaire. However, when reviewing Claims, the Settlement Program will consider all documents and information submitted in relation to each decedent, whether submitted by Eligible Relatives on the same or different Claims Questionnaires. The Settlement Program also will strive to review all Wrongful Death Claims related to the same decedent jointly to ensure consistent treatment of Eligible Relatives.

Claimants must submit documents and information sufficient to: (a) verify identity and relationship to the decedent; (b) confirm the decedent's cause of death and establish, to a reasonable degree of medical certainty, that the Maui Fires were a significant contributing factor causing the death; and (c) establish the decedent’s general Pre-Maui Fires state of health. Section XI.C of the Claims Regulations includes more information about supporting documents for Wrongful Death Claims.

The Settlement Program will consider the health of the decedent when evaluating a Wrongful Death Claim, and it is necessary for you to submit medical records, preferably from a primary care physician, describing the state of the decedent's health at or near the time of the decedent's death. If you do not have or cannot obtain records, it may be necessary for you to open a probate estate, issue a subpoena, or take other appropriate measures to obtain the records. In limited circumstances, the Special Masters may, in their sole discretion, accept (1) an affidavit describing the Claimant’s efforts to obtain records and (2) an attestation of one or more Eligible Relatives regarding the decedent’s general Pre-Maui Fires state of health.

Yes. The Authorized Representative of the decedent’s estate may submit a Wrongful Death Claim for the decedent’s burial costs, consistent with Haw. Rev. Stat. § 663-3 (2024).

Other Damages Claims are claims for damages (a) for which the Maui Fires were a significant contributing factor, (b) that are allowable under Hawai‘i law, and (c) that are not expressly considered in any other Claim Type. The Special Masters will evaluate Other Damages Claims on a case-by-case basis in accordance with the criteria set forth in Section XII of the Claims Regulations.

The Special Masters will consider Other Damages claims on a case-by-case basis, determining eligibility and value consistent with the terms of the ISA, Plan, and the laws of the State of Hawai‘i. Claimants submitting Other Damages Claims carry the burden of proof and valuation. The supporting documents required to prove these Claims will depend on the Claimant’s assertion.

Certain claims will never be compensable from the Individual Settlement Fund. These include, but are not limited to:

1. Punitive, exemplary, and treble damages;

2. Stigma damages;

3. Property loss or damage due to Post-Maui Fires looting;

4. Economic loss due to trip cancellation or delay;

5. Increased insurance premiums;

6. Increased property taxes;

7. Reacquisition sales tax;

8. Loans, including associated fees and costs;

9. Loss of, or reduction in, government benefits;

10. Time spent preparing a Claims Package;

11. Litigation costs; and

12. Speculative damages.

You will need to consult your tax professional or accountant to determine the tax consequences of any item included in a Monetary Award. We cannot provide tax advice. Different parts of an award can have different tax consequences for different people.

Claimants who are eligible for a Monetary Award beyond any amounts previously received from FEMA may receive payment from the Fund. Consistent with the Court’s June 6, 2025 Order, the Settlement Program will not deduct or otherwise offset amounts a Claimant received from FEMA. Claimants are solely responsible for coordinating with FEMA to resolve and repay any potential duplication of benefits.