§661-11  Tort claims against State where covered by insurance.  This section applies to an action where (1) the State is a party defendant; (2) the subject matter of the claim is covered by a primary insurance policy entered into by the State or any of its agencies; and (3) chapter 662 does not apply.  No defense of sovereign immunity shall be raised in an action under this section.  However, the State's liability under this section shall not exceed the amount of, and shall be defrayed exclusively by, the primary insurance policy.

     An action under this section shall not be subject to sections 661-1 to 661-10. [L 1955, c 253, §1; RL 1955, §245-11; HRS §661-11; am L 1972, c 164, §1(i); am L 1988, c 266, §2]

 

Cross References

 

  State risk management and insurance administration, see chapter 41D.

 

Case Notes

 

  State, University of Hawaii, and Research Corporation of the UH waived immunity under Eleventh Amendment and consented to suit in federal court.  512 F. Supp. 889.