Law Journals and Reviews
Nobody I Know Should Have $35,000 B.I. Limits. 23 HBJ 89.
Case Notes
See also notes at end of this chapter.
Pursuant to subsection (b)(3), insurance coverage for uninsured motorists is "optional coverage". 76 H. 304, 875 P.2d 921.
Underinsured motorist coverage was subject to stacking. 77 H. 362, 884 P.2d 1138.
Defendant was not a permissive user of insured vehicle and was therefore not a "covered person" under insurance contract. 78 H. 249, 891 P.2d 1041.
Named insured under an automobile liability insurance policy, who is injured by hit-and-run driver, can be entitled to uninsured motorist benefits thereunder when the named insured is operating a motorcycle at the time of the named insured’s accident. 78 H. 325, 893 P.2d 176.
Car rental agreement not contract for insurance and not source of customer's entitlement to insurance coverage; customer statutorily entitled to minimum motor vehicle insurance coverage required by this section. 82 H. 351, 922 P.2d 964.
Car rental company, as self-insurer, not subject to paragraphs (b)(3) and (4); thus, not required to provide uninsured or underinsured motorist coverage to permissive users of its vehicles. 82 H. 466, 923 P.2d 408.
Mandatory uninsured motorist offer requirements of paragraph (b)(3) apply to the minimum requirements of a "no-fault policy" as specified in subsection (a). 82 H. 466, 923 P.2d 408.
Insurer's offer to stack benefits legally insufficient where offer did not clearly convey that insureds could have obtained same amount of coverage at lower premium by selecting stacking option and failed to inform insureds that stacking was available for a relatively modest increase in premium. 87 H. 307, 955 P.2d 100.
Section requires that insurer obtain written rejection of stacked coverage; insurer's offer of coverage inconsistent with requirement as offer required insured to affirmatively select, rather than affirmatively reject, stacking option. 87 H. 307, 955 P.2d 100.
Though insurer was required under this section to offer stacking option at time of renewal of policy, insurer's failure to do so was irrelevant where policy was not in effect at time of accident. 87 H. 307, 955 P.2d 100.
Under the Hawaii motor vehicle insurance statutory scheme, no requirement exists that an injured party exhaust the liability policies of all joint tortfeasors before making a claim against his or her uninsured motorist policy. 88 H. 77 (App.), 961 P.2d 1171.
Denial of coverage did not violate paragraph (b)(4) where policy did not provide coverage for non-named insureds who are injured while not occupying a covered automobile but clearly provided UIM coverage to persons who are injured while occupying a covered automobile. 88 H. 122 (App.), 962 P.2d 1004.
Discussed: 77 H. 117, 883 P.2d 38; 86 H. 511, 950 P.2d 695.