HRS 0431-0010-0242 ANNOTATIONS

Case Notes

See also notes at end of this chapter.

Request by intervenor-defendant for attorneys' fees and costs denied; even assuming intervenor-defendant, as a tort victim of an insured, may under some circumstances have a "legally protectable interest" in insured's policy, intervenor-defendant was neither "the policyholder, the beneficiary under a policy, [n]or the person who has acquired the rights of the policyholder or beneficiary under the policy". 939 F. Supp. 782.

Where self-insurer rent-a-car company not an "insurer" as defined in §431:10C-103, court erred in granting attorney's fees and costs under this section. 85 H. 243, 942 P.2d 507.

Section inapplicable where, although insurer contested its liability under the policy issued to insured, insurer was not ordered by the court to pay any benefits thereunder. 103 H. 26, 79 P.3d 119.

An arbitration proceeding is not a "suit" within the meaning of this section. 103 H. 206, 81 P.3d 386.

A trial court is mandated to award attorneys' fees and costs only when such fees and costs arise in a judicial proceeding in which an insurer has contested its liability; where trial court proceeding was for confirmation of the underlying arbitration award, this section did not apply to the case. 103 H. 206, 81 P.3d 386.

Cited: 73 H. 322, 832 P.2d 733.