HRS 0431-0010A-0105 ANNOTATIONS

Case Notes

Paragraphs (2)(A) and (C) liberally construed to prevent disability insurer from excluding coverage of insured's total disability due to HIV infection based on contractual provisions. 86 H. 262, 948 P.2d 1103.

Under this article and paragraph (2)(A)(ii), standard "incontestability clause" of contract precluded insurer from denying insured "total disability benefit" contracted for, notwithstanding that HIV infection that caused the disability arguably "manifested" itself prior to policy's effective date of coverage. 86 H. 262, 948 P.2d 1103.

 

Previous Next