Report Title:

Arbitration; Insurance Disputes

Description:

Extends to suits in arbitration the situations in which a losing insurer must pay attorney's fees and costs to the prevailing insured or other party.

HOUSE OF REPRESENTATIVES

H.B. NO.

2786

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ARBITRATION.

 

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

SECTION 1. Section 431:10-242, Hawaii Revised Statutes, is amended to read as follows:

"§431:10-242 Policyholder and other suits against insurer. Where an insurer has contested its liability under a policy and is ordered by the courts, an arbitrator, or an arbitration panel to pay benefits under the policy, the policyholder, the beneficiary under a policy, or the person who has acquired the rights of the policyholder or beneficiary under the policy shall be awarded reasonable attorney's fees and the costs of suit[,] and of the arbitration, in addition to the benefits under the policy."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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