By Tred R. Eyerly – Through the efforts of Mihoko Ito, Esq. and Gary Slovin, Esq., the Hawaii State Bar Association is again this year tracking various categories of legislation during the current session. Based upon Mihoko’s and Gary’s efforts, below is a summary of the insurance related bills the legislature is considering.
- HB 125- The bill addresses several areas related to auto insurance. First, it authorizes a named operator exclusion to enable a named insured to exclude specified persons from being covered under the auto policy. Second, it provides that a named insured who has rejected in writing the offer of uninsured motorist coverage, or who has knowingly allowed the operation of a motor vehicle by a person excluded as a designated operator, will not be entitled to the rights of claim and action against the insurer, with reference to the mandatory bodily injury liability policy for accidental harm. Third, the bill disqualifies the coverage for an excluded operator of a motor vehicle for an accident out of which the excluded operator’s accidental harm arose.
- HB 126 – Insurance companies would be included in the definition of “victim” for purposes of criminal restitution orders under this bill.
- HB 157 – This statute would require the counties to establish a no-fault insurance database accessible by the police, Departments of Motor Vehicle, and the prosecuting attorney. Further, insurance companies would be required to transmit insurance information to the counties to be included in the database.
- HB 383 – Operators of adult foster homes, assisted living facilities, expanded adult residential care homes, and community care foster family homes would be required to hold a sufficient amount of liability insurance. The bill expands the definition of adult residential care home to include any facility that provides accommodations to adults with intellectual disabilities.
- HB 690 – This bill increases the minimum liability coverage from $20,000 to $50,000 per person and the aggregate limit from $40,000 to $100,000 per accident for motor vehicle insurance policies.
- HB 841 – A list of factors would be established for the Commissioner of Insurance to take into account when determining whether the continued operation of any insurer transaction insurance business may be deemed to be hazardous to its policy holders, its creditors, or the general public.
- SB 1227 – The bill requires certain insurance contracts and plans to provide coverage for survivors of brain injuries, including cognitive and neurocognitive therapy, neurobehavioral and neuropsychological testing or treatment, and necessary post-acute transition services or community reintegration activities for a period of a least six months from the date the injury occurred.
We will report at the end of the legislative session on bills enacted into law.
Tred Eyerly is an attorney with Damon Key Leong Kupchak Hastert in Honolulu who concentrates on insurance coverage and commercial litigation. Reach him at firstname.lastname@example.org or read his blog at https://www.insurancelawhawaii.com/