REPORT TITLE:
Additional Civil Liability


DESCRIPTION:
Allows an insurer to recover the amount of covered loss
deductible provided by statute and that would have reduced the
insurer's liability with regard to the claim, from the insured
whose conduct resulted in inapplicability of the covered loss
deductible to the claim.  (HB2349 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2349
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO INSURANCE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 431, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to article 10C to be appropriately
 
 3 designated and to read as follows:
 
 4      "431:10C-     Additional civil liability.  An insurer whose
 
 5 insured causes death or injury to another person, and that is not
 
 6 entitled to the reduction provided in section 431:10C-301.5,
 
 7 shall be entitled to recover the amount of the covered loss
 
 8 deductible that would have applied from the insured whose conduct
 
 9 resulted in inapplicability of the covered loss deductible."
 
10      SECTION 2.  New statutory material is underscored.
 
11      SECTION 3.  This Act shall take effect upon its approval.