REPORT TITLE:
Motor Vehicle Insurance


DESCRIPTION:
Corrects reference from motor vehicle insurance to personal
injury protection no-fault in statute of limitations provision.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2288
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO MOTOR VEHICLE INSURANCE. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 431:10C-315, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§431:10C-315  Statute of limitations.(a)  No suit shall
 
 4 be brought on any contract providing motor vehicle insurance
 
 5 benefits or any contract providing optional additional coverage
 
 6 more than the later of:
 
 7      (1)  Two years from the date of the motor vehicle accident
 
 8           upon which the claim is based;
 
 9      (2)  Two years after the last payment of [motor vehicle
 
10           insurance] personal injury protection benefits;
 
11      (3)  Two years after the entry of a final order in
 
12           arbitration;
 
13      (4)  Two years after the entry of a final judgment in, or
 
14           dismissal with prejudice of, a tort action arising out
 
15           of a motor vehicle accident, where a cause of action
 
16           for insurer bad faith arises out of the tort action; or
 
17      (5)  Two years after payment of liability coverage, for
 
18           underinsured motorist claims.
 
19      (b)  No suit arising out of a motor vehicle accident shall
 

 
Page 2                                                     
                                     S.B. NO.           2288
                                                        
                                                        

 
 1 be brought in tort more than the later of:
 
 2      (1)  Two years after the date of the motor vehicle accident
 
 3           upon which the claim is based; 
 
 4      (2)  Two years after the date of the last payment of [motor
 
 5           vehicle insurance] personal injury protection or
 
 6           optional additional benefits; or 
 
 7      (3)  Two years after the date of the last payment of
 
 8           workers' compensation or public assistance benefits
 
 9           arising from the motor vehicle accident."
 
10      SECTION 2.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 3.  This Act shall take effect upon its approval.
 
13 
 
14                           INTRODUCED BY:  _______________________