ARTICLE 10C

MOTOR VEHICLE INSURANCE

 

PART I. GENERAL PROVISIONS

 

Cross References

 

Applicability of article to captive insurers, see 431:19-115.5.

 

Law Journals and Reviews

 

Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev. 55.

 

Case Notes

 

Rent-a-car company's rental agreement provision, which attempted to shift primary responsibility for providing minimum insurance coverage to the renter's personal insurance policy, violated the public policy enumerated in this chapter. 88 H. 274, 965 P.2d 1274.

The owner of a vehicle has the primary obligation to provide minimum coverage for the owned vehicle and this obligation may not be avoided through a unilateral contract with a permissive user of the vehicle. 88 H. 274, 965 P.2d 1274.

When a defendant is charged with a violation of this article, 805-13 is the proper procedural statute for the district court, enforcement officers, and the prosecutor's office to follow. 86 H. 331 (App.), 949 P.2d 171.

As 1-1 does not establish the supremacy of the 1840 Constitution over the current state constitution, or somehow render the documents concurrent, whether chapter 431 violated the 1840 Constitution was immaterial for purposes of defendant's conviction. 90 H. 130 (App.), 976 P.2d 444.

 

431:10C-101 Short title. This article shall be known and may be cited as the Hawaii motor vehicle insurance law. [L 1987, c 347, pt of 2]

 

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