Mentioned in action in which insured attempted to show that the insurer was estopped from asserting that the policy did not cover the accident. 424 F.2d 680.

Cited as prohibiting retroactive amendment of liability coverage after occurrence of injury for which insurer may be liable. 465 F.2d 934.

Section expressly bars modification of insurance contract unless written and made part of policy. 465 F.2d 934.

Where insurance carrier ordered to pay proportionate share of attorney's fees, worker may not be awarded attorney's fees for defending against appeal by carrier of earlier order. 625 F.2d 314.

"Accidental harm" can and should be read to include deliberately caused collisions and deliberate attempts to injure through collision. 686 F.2d 821.

$15,000 figure is not maximum recovery limit for insured person. Rather, it establishes maximum recovery where each applicable policy provides only the basic no-fault coverage. 706 F.2d 940.

"Occupant" restricts recovery under policy covering car to the injured person in fact occupied, even though other involved vehicles may be covered; does not preclude recovery in other capacities such as "insured" under no-fault policy covering own vehicle which person did not occupy at time of accident; prevents "benefit stacking", not "policy stacking". 706 F.2d 940.

There is no dollar limit on benefits that can be contracted to be paid to estate and survivors of fatally injured person. 706 F.2d 940.

Exclusionary clause in insurance policy barring insured from recovering underinsured motorist benefits not a violation of Hawaii's public policy. 952 F.2d 314.

Construe policy liberally for the insured. 388 F. Supp. 142.

Effect of insured's breach on continuation of coverage. 388 F. Supp. 142.

Insured aviator's failure to procure required medical certificate was not a breach that ended insurance coverage. 388 F. Supp. 142.

Deceased passenger not prohibited from recovering aggregate limits of own policies even though benefits received from driver's insurer; survivor's loss is different from and does not duplicate loss of earnings; prohibits only duplication of no- fault benefits. 515 F. Supp. 186.

"Stacking" of no-fault benefits allowed where insured paid for two policies with additional aggregate no-fault limits on both. 515 F. Supp. 186.

Survivor's losses different from and does not duplicate loss of earnings; the amount of earnings lost is measured by the period during which accidental harm, including death, results in inability to work, subject to $800 per month ceiling. 515 F. Supp. 186.

Where insured has contracted for expanded limits under a statutorily required option package, maximum no-fault benefits are increased. 515 F. Supp. 186.

Amount reimbursed not restricted by policy limits of insurer of the vehicle with four or more wheels. 563 F. Supp. 813.

Deliberately inflicted stabbing of insured by another constituted an "accident"; not sufficiently close causal connection between person's injury and use of truck for incident to be "motor vehicle accident". 567 F. Supp. 413.

Insured's injury in fight with other driver outside their vehicles did not "arise out of ownership, maintenance, or use of a motor vehicle". 582 F. Supp. 1283.

U.S. Government was not "person, insured" who had suffered "accidental harm", and thus could not recover for loss incurred in treating injured service member. 606 F. Supp. 588.

Violated by insurance policy's exclusion of liability coverage for injury to family members in insured's household. 638 F. Supp. 1247.

Statute was enacted for the protection of contractors and subcontractors; it was not designed to protect developers or apartment owners from transaction outside the construction industry. 665 F. Supp. 1460.

Coverage required for damage by uninsured or underinsured motor vehicle not a retroactive provision. 699 F. Supp. 819.

Withholding of material information voids insurance policy. 4 H. 305.

Insurance policy voided because of misrepresentation. 4 H. 370.

Meaning of general words in policy may be ascertained by referring to preceding specific words. 9 H. 64.

Prestatutory holding: Insurance company liable for negligence of agent in causing delay in processing application. 11 H. 69, criticized 2 F. Supp. 917.

Under prior law gross premiums included renewal premiums. 21 H. 424.

Under prior law tax held to be excise tax for privilege of doing business in Hawaii. 23 H. 96.

Insurable interest discussed under prior law. 25 H. 141.

Accidental defined. 25 H. 536.

"Accidental" defined under prior law. 25 H. 536.

Forfeiture of insurance policy is not favored at law. 25 H. 536.

Fraud. 28 H. 99, reversed 9 F.2d 340.

Fraud, contract incontestability clause. 28 H. 99, reversed 9 F.2d 340.

Constitutional. 36 H. 206.

Receipt of retirement benefit not essential to be a "retired" employee. 48 H. 121, 395 P.2d 683.

Requirements for termination of group insurance. 48 H. 121, 395 P.2d 683.

Ambiguities are resolved in favor of insured. 48 H. 136, 395 P.2d 927.

Automobile insurance: Payment of medical expenses. 48 H. 136, 395 P.2d 927.

Automobile policy: Medical expense provision construed. 48 H. 136, 395 P.2d 927.

Insurable interest of corporation entering into contracts to provide for funeral services, where contract purchaser is obligated for balance of contract price but contract is cancellable upon retention of portion of contract price. 50 H. 177, 434 P.2d 750.

Statute referred to in holding that insurer has no duty to notify insured of the expiration of automobile policy or to renew the policy automatically. 50 H. 644, 447 P.2d 669.

"Resident of same household" discussed. 51 H. 470, 462 P.2d 909.

Ambiguity resolved in favor of insured. 52 H. 91, 470 P.2d 517.

Invalidates "other insurance" provision purporting to restrict insurer's liability to "excess" insurance. 55 H. 326, 518 P.2d 1399.

Provides protection against unidentified drivers, and to effectuate this purpose any "physical contact" requirement in the hit-and-run driver clause of the liability policy must be deemed invalid. 55 H. 519, 523 P.2d 304.

Effect of inconsistency between the master policy and the certificate issued under this section. 55 H. 624, 525 P.2d 1114.

Where tortfeasor's liability insurance is insufficient to pay to injured holder of an uninsured motorist policy the minimum amount of financial responsibility law, tortfeasor considered "uninsured". 57 H. 10, 547 P.2d 1350.

Provision is to be liberally construed; exclusionary clause of policy denying recovery because insured was not occupying an "owned motor vehicle" violated statute and was void. 58 H. 49, 564 P.2d 443.

Twelve-month limitation in contract upheld, and insurer's continual denial of coverage negated defense of equitable estoppel. 58 H. 570, 574 P.2d 132.

Insured is covered whether the injury occurs in a vehicle insured under the insured's policy or not. 59 H. 44, 575 P.2d 477; 59 H. 102, 577 P.2d 780.

Insured under a single multi-vehicle liability policy is entitled to recover the aggregate uninsured motorist coverage on all the vehicles covered by the policy. 59 H. 44, 575 P.2d 477; 59 H. 102, 577 P.2d 780; 4 H. App. 429, 668 P.2d 42.

Limits of liability clause in policy reducing uninsured motorist coverage to amount below statutory minimum is invalid. 59 H. 102, 577 P.2d 780.

The fact that some of the insureds have been compensated by other insurers has no effect in the determination of the total number of insureds involved and the maximum potential recovery. 59 H. 102, 577 P.2d 780.

Rule on aggregation of coverage cannot be limited to relatives living in household of policyholder, but is applicable to other passengers as well. 62 H. 424, 616 P.2d 1357.

Claim not frivolous. No abuse of discretion in award of fees and costs. 64 H. 189, 637 P.2d 1144.

Claimant entitled to receive benefits must be the one who sustained the "accidental harm" giving rise to loss. 64 H. 189, 637 P.2d 1144.

Where deceased leaves neither surviving spouse nor dependents, loss of earnings benefits should be paid to estate. 65 H. 468, 653 P.2d 783.

Provision held unconstitutional. 65 H. 623, 656 P.2d 736.

Does not prohibit personal representative from acting as legal representative of decedent for the benefit of surviving spouse and any dependent; in cases where accidental harm results in death, beneficiaries entitled to maximum recovery of provable work loss benefits up to the increased aggregate limit of additional coverage. 66 H. 373, 663 P.2d 1071.

State of mind required to impose liability. 66 H. 534, 669 P.2d 146.

Insured motorist, who was receiving public assistance when injured, was entitled to no-fault benefits from the insurer when no longer eligible for public assistance. 67 H. 97, 678 P.2d 1082.

No-fault insurer has burden of proving that insured's tort recovery duplicated no-fault benefits. 67 H. 165, 681 P.2d 569.

Injured employee entitled to no-fault benefits for wages actually lost which were not paid under workers' compensation law. 67 H. 347, 687 P.2d 1.

Does not require notice to insured prior to expiration of their policies. 67 H. 544, 697 P.2d 40.

Arbitration proceedings are "suits" and are subject to statute of limitations. 68 H. 117, 706 P.2d 16.

Prohibits promisor's agreement to indemnify against liability for negligence of others. 68 H. 171, 707 P.2d 365.

Classification of public assistance recipients has rational basis; chiropractic services or massage is "therapy" excluded from public assistance no-fault coverage. 68 H. 192, 708 P.2d 129; cert. den., 467 U.S. 1169.

Precludes stacking of basic no-fault policies and coverages. 68 H. 269, 713 P.2d 1363.

Association obligated to pay insured's claim for attorney's fees; policy limits not applicable; requires payment of attorney's fees beyond policy limits; prohibits contracts between insured and attorney allowing attorney's fees to be paid from claimant's award. 68 H. 545, 721 P.2d 1236.

Threshold requirement for tort liability is element of plaintiff's claim; whether threshold met was for jury to decide. 68 H. 557, 722 P.2d 1028.

No-fault work loss benefits may not be discontinued where injured person suffers subsequent unrelated disability that independently rendered person unable to work. 69 H. 104, 736 P.2d 51.

United States may recover costs for services rendered from insurance carrier. 69 H. 290, 740 P.2d 550.

Provisions do not supersede cause of action in wrongful death statute; statute of limitations of section 663-3 will be applied where cause of action for wrongful death brought. 69 H. 410, 745 P.2d 285.

Coverage applies to occupant of motor vehicle injured by gunshot; trial court had no authorization to reduce attorney's fees. 69 H. 432, 744 P.2d 1210.

Ambulance driver lighting flare at scene of accident to guide traffic was within the meaning of "use of motor vehicle"; phrase "operation, maintenance or use" is a term of art which is meant to include accidents in the immediate proximity of the vehicle. 69 H. 559, 751 P.2d 666.

No-fault limitations period is tolled by the State's general tolling statute. 69 H. 594, 752 P.2d 1073.

Stacking benefits under a personal automobile insurance policy is consistent with the legislative purpose; exception where group policy insuring over 1,000 vehicles. 70 H. 120, 763 P.2d 567.

No-fault insurer's subrogation action against tortfeasor, discussed. 70 H. 211, 768 P.2d 226.

Defendant was multiple offender even though conviction and sentencing for several offenses occurred on the same day. 70 H. 237, 768 P.2d 235.

Injured person within close proximity of vehicle was considered to be an occupant of the vehicle. 71 H. 42, 780 P.2d 1112.

Party cannot recover both uninsured and underinsured benefits for injury resulting from negligence of an uninsured motorist. 71 H. 341, 790 P.2d 910.

Does not mandate dual recovery under liability and underinsured motorist benefits. 72 H. 251, 815 P.2d 1020.

Insurance company did not offer optional underinsured motorist coverage. 72 H. 314, 816 P.2d 968.

No recovery of benefits under both workers' compensation and uninsured motorist statutes. 72 H. 338, 817 P.2d 118.

Statute of limitations for tort actions arising out of motor vehicle accidents tolled during victim's minority. 72 H. 377, 819 P.2d 80.

Claims for public assistance benefits for injury resulting from automobile accident time-barred by no-fault statute of limitations after two-year gap in medical payments. 72 H. 460, 821 P.2d 934.

Resident relative exclusion in no-fault policy was valid and consistent with no-fault law; owned vehicle exclusion in uninsured motorist provision of policy was void as against public policy. 73 H. 385, 834 P.2d 279.

Court has discretion to allow attorney's fees and costs to a losing claimant unless the claim is fraudulent, frivolous or excessive. 1 H. App. 355, 619 P.2d 1086.

Order that insurer pay costs and attorney's fees upheld. 2 H. App. 451, 634 P.2d 123.

Where insurance is insufficient to pay minimum amount under financial responsibility law, tortfeasor considered "uninsured". 4 H. App. 429, 668 P.2d 42.

Insured cannot cut off insurers right of reimbursement by labeling recovery as excluding no-fault benefits. Obligation of good faith under objective standards. 5 H. App. 98, 678 P.2d 1095.

As long as section not adjudged unconstitutional, companies not entitled to recovery on that ground. 5 H. App. 122, 678 P.2d 1101.

"Net" refers to difference between workers' compensation income benefits and statutory no-fault monthly wage loss benefits limit. 5 H. App. 185, 683 P.2d 394.

No-fault benefits payable primarily, and not secondarily, to benefits under section 79-15. 5 H. App. 290, 687 P.2d 564.

Precludes stacking of basic no-fault policies and coverages; where claim "excessive"; insured's claim not excessive. 6 H. App. 1, 709 P.2d 980.

Claim against alleged hit-and-run motorist not assignable where injured person received the maximum no-fault benefits and liability policy coverage; injured party not eligible to receive benefits under section where party received benefits under insurer of automobile. 6 H. App. 377, 722 P.2d 1048.

Injured person may bring tort action within two years of last payment of no-fault benefits, though payment of benefits commenced more than two years after accident; language is plain and unambiguous. 6 H. App. 439, 726 P.2d 273.

Insured not entitled to attorney's fees and costs where insurer not ordered to pay policy benefits; insurer liable for attorney's fees and costs only when it is ordered to pay policy benefits. 6 H. App. 447, 726 P.2d 1310.

Derivative claims resulting from injuries arising from automobile accidents not abolished; claims must meet threshold requirements; where tortfeasor's policy meets requirements of this section, tortfeasor is not "uninsured". 6 H. App. 456, 727 P.2d 884.

Court could infer that car was uninsured from fact that no- fault card could not be found in car. 7 H. App. 48, 744 P.2d 783.

Emotional distress claims under chapter 294 are derivative, when, discussed; derivative claims are subject to "each person" liability coverage limit. 77 H. 2, 881 P.2d 489.

Did not preempt county financial responsibility law. 76 H. 209, 873 P.2d 88.

§294-2

"Accidental harm" includes emotional distress. 77 H. 2, 881 P.2d 489.

§431-448

Automobile insurance policies may prohibit dual recovery under liability and underinsured coverages without violating underinsured motorist statute. 77 H. 490 (App.), 889 P.2d 67.

§431:10C-501

Discussed in determining that named insured under automobile policy can be entitled to uninsured motorist benefits thereunder where named insured is operating a motorcycle at time of accident. 78 H. 325, 893 P.2d 176.