Report Title:

Insurance Policy Enforcement; Attorney's Fees and Costs

Description:

Establishes the right of a policyholder that obtains an order to pay benefits under an insurance policy to an award of reasonable attorney's fees and costs. (SD1)

THE SENATE

S.B. NO.

3225

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

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.] Enforcement of contract by policyholder or beneficiary; attorney's fees and costs. Where an insurer has contested its liability under a policy and is ordered [by the courts] 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], 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 Statutory material to be repealed is bracketed and stricken.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.