Bill Text: HI SB976 | 2023 | Regular Session | Introduced
Bill Title: Relating To Motor Vehicle Insurance.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2023-01-27 - Referred to TCA, CPN. [SB976 Detail]
Download: Hawaii-2023-SB976-Introduced.html
THE SENATE |
S.B. NO. |
976 |
THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to motor vehicle insurance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that motor vehicle insurance minimums have remained unamended for nearly twenty-five years, since Act 275, Session Laws of Hawaii 1998, making the current required liability insurance minimums insufficient. The legislature further finds that with rising inflation, failure to increase motor vehicle insurance will operate as a tax on tort victims throughout the State.
Accordingly, the legislature finds that it must take action to mitigate the impacts on Hawai‘i residents through legislation.
SECTION 2. Section 431:10C-301, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) A motor vehicle insurance policy shall include:
(1) Liability
coverage of not less than [$20,000] $50,000 per person, with an
aggregate limit of [$40,000] $100,000 per accident, for all
damages arising out of accidental harm sustained as a result of any one
accident and arising out of ownership, maintenance, use, loading, or unloading
of a motor vehicle;
(2) Liability
coverage of not less than [$10,000] $20,000 for all damages
arising out of damage to or destruction of property including motor vehicles
and including the loss of use thereof, but not including property owned by,
being transported by, or in the charge of the insured, as a result of any one
accident arising out of ownership, maintenance, use, loading, or unloading, of
the insured vehicle;
(3) With respect to any motor vehicle registered or principally garaged in this State, liability coverage provided therein or supplemental thereto, in limits for bodily injury or death set forth in paragraph (1), under provisions filed with and approved by the commissioner, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness, or disease, including death, resulting therefrom; provided that the coverage required under this paragraph shall not be applicable where any named insured in the policy shall reject the coverage in writing; and
(4) Coverage for loss resulting from bodily injury or death suffered by any person legally entitled to recover damages from owners or operators of underinsured motor vehicles. An insurer may offer the underinsured motorist coverage required by this paragraph in the same manner as uninsured motorist coverage; provided that the offer of both shall:
(A) Be conspicuously displayed so as to be readily noticeable by the insured;
(B) Set forth the premium for the coverage adjacent to the offer in a manner that the premium is clearly identifiable with the offer and may be easily subtracted from the total premium to determine the premium payment due in the event the insured elects not to purchase the option; and
(C) Provide
for written rejection of the coverage by requiring the insured to affix the
insured's signature in a location adjacent to or directly below the offer[.];
provided
that on January 1, 2027, the minimum liability coverage shall be increased by
$50,000 per person; the aggregate limit shall be increased by $100,00 per
accident; and the minimum liability coverage shall be increased by $20,000 for
all damages arising out of damage to or destruction of property including motor
vehicles and including the loss of use thereof, but not including property
owned by, being transported by, or in the charge of the insured, as a result of
any one accident arising out of ownership, maintenance, use, loading, or
unloading, of the insured vehicles."
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: |
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Report Title:
Motor Vehicle Insurance; Liability Minimums
Description:
Increases minimum liability coverage of motor vehicles.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.