Report Title:

Insurance Contract Enforcement; Attorney's Fees

Description:

Requires award of attorney's fees and costs to beneficiary or policyholder that successfully establishes insurer's liability under insurance policy in judicial proceeding, arbitration, or proceeding before the insurance commissioner. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2786

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

S.D. 1


 

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] proceedings against insurer. Where an insurer has contested its liability under a policy and is ordered by the courts, an arbitrator, an arbitration panel, or the commissioner to pay benefits under the policy, the policyholder, the beneficiary under [a] the 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], 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 Statutory material to be repealed is bracketed and stricken.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.