Just because there is no insurance policy may not mean there is no cause of action for bad faith according to a recent Hawaii Supreme Court decision analyzing the Joint Underwriting Program (“JUP”) statute. Willis v. Swain case. — P.3d — 2013 WL 2459880 (Hawaii). In what appears to be a change in position, the Court explained that “[t]he special relationship between the insurer and the insured and the conduct of the insurer toward the insured is what gives rise to the tort of bad faith, not solely the existence of a contract.” The Court concluded “the underlying covenant of good faith and fair dealing applies, even in the absence of an actual contract.” Based on this expanded view of…