HOUSE OF REPRESENTATIVES	H.B. NO.	2048
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to insurance contracts.

 

 

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

 

     SECTION 1.  Section 431:10-201, Hawaii Revised Statutes, is amended to read as follows:

     "§431:10-201  Scope.  The provisions of this part shall apply to all classes or lines of insurance except:

     (1)  Ocean marine insurance as defined in section 431:1-211,

     (2)  Surplus line insurance, as defined in section [[]431:8-102[]], and

     (3)  Life insurance, or accident and health or sickness insurance[; provided the contracts are neither issued for delivery in this State nor delivered in this State.],

provided that the contracts under paragraph (1), (2), or (3) are neither issued for delivery in this State nor delivered in this State."

     SECTION 2.  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 to pay benefits] an arbitrator or a court to provide coverage 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 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Insurance Contracts; Clarifying Amendments

 

Description:

Makes clarifying amendments to the laws on general rules governing insurance contracts with respect to excepted lines of insurance and the conditions under which attorney's fees and costs of suit may be awarded.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.