REPORT TITLE:
Insurance


DESCRIPTION:
Limits tort recovery of uninsured motorists and motorcyclists.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           760
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO MOTOR VEHICLE AND MOTORCYCLE INSURANCE.



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

 1      SECTION 1.  The purpose of this Act is to amend the motor
 
 2 vehicle insurance laws and the motorcycle insurance laws of the
 
 3 State to address the uninsured motorist issue by providing for a
 
 4 limitation of tort recovery for those motorists who are
 
 5 uninsured.
 
 6      SECTION 2.  Chapter 431, Hawaii Revised Statutes, is amended
 
 7 by adding a new section to article 10C to be appropriately
 
 8 designated and to read as follows:
 
 9      "§431:10C-     Recovery by uninsured motorists; limitations.
 
10 (a)  Notwithstanding any other law to the contrary, an owner of a
 
11 motor vehicle required to be registered in this State who is
 
12 involved in a motor vehicle accident after which the person seeks
 
13 damages from an insured owner or operator of a motor vehicle and
 
14 who does not have in effect at the time of the accident, a motor
 
15 vehicle insurance policy with minimum coverages as required by
 
16 section 431:10C-104 applicable to the accident, or a binder for
 
17 the same, shall be deemed to have waived the person's right to
 
18 recover damages for property damage up to the minimum amount
 
19 required under this chapter, and to recover damages for
 

 
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                                     S.B. NO.           760
                                                        
                                                        

 
 1 compensated economic loss and for non-economic loss.  In the
 
 2 event of an award or judgment in favor of an uninsured motor
 
 3 vehicle owner, the court shall deduct that portion of the award
 
 4 or judgment representing those damages.  In the event of a jury
 
 5 trial, there shall be no disclosure, either directly or
 
 6 indirectly, of the fact that the court will make such a
 
 7 deduction.
 
 8      (b)  "Compensated economic loss", for the purposes of this
 
 9 section means economic loss paid or payable by any private
 
10 insurance policy or plan.  The uninsured motorist shall declare
 
11 under oath, as part of any claim for damages, all sources of
 
12 compensation or economic loss which might be available.
 
13      (c)  Nothing in this section shall preclude an owner or
 
14 operator of an uninsured motor vehicle from recovering in tort
 
15 for injuries sustained while a pedestrian, bicyclist, or moped
 
16 operator; nor does this section prohibit individuals injured
 
17 while occupying an uninsured motor vehicle from bringing suit
 
18 directly against the owner of the uninsured motor vehicle."
 
19      SECTION 3.  Chapter 431, Hawaii Revised Statutes, is amended
 
20 by adding a new section to article 10G to be appropriately
 
21 designated and to read as follows:
 
22      "§431:10G-     Recovery by uninsured motorists; limitations.
 
23 (a)  Notwithstanding any other law to the contrary, an owner of a
 

 
Page 3                                                     
                                     S.B. NO.           760
                                                        
                                                        

 
 1 motorcycle required to be registered in this State who is
 
 2 involved in a motor vehicle accident after which the person seeks
 
 3 damages from an insured owner or operator of a motor vehicle and
 
 4 who does not have in effect at the time of the accident, a
 
 5 motorcycle insurance policy with minimum coverages as required by
 
 6 section 431:10G-102 applicable to the accident, or a binder for
 
 7 the same, shall be deemed to have waived the person's right to
 
 8 recover damages for property damage up to the minimum amount
 
 9 required under this chapter, and to recover damages for
 
10 compensated economic loss and for non-economic loss.  In the
 
11 event of an award or judgment in favor of an uninsured motor
 
12 vehicle owner, the court shall deduct that portion of the award
 
13 or judgment representing those damages.  In the event of a jury
 
14 trial, there shall be no disclosure, either directly or
 
15 indirectly of the fact that the court will make such a deduction.
 
16      (b)  "Compensated economic loss", for the purposes of this
 
17 section means economic loss paid or payable by any private
 
18 insurance policy or plan.  The uninsured motorist shall declare
 
19 under oath, as part of any claim for damages, all sources of
 
20 compensation for economic loss which might be available.
 
21      (c)  Nothing in this section shall preclude an owner or
 
22 operator of an uninsured motorcycle from recovering in tort for
 
23 injuries sustained while a pedestrian, bicyclist, or moped
 

 
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                                     S.B. NO.           760
                                                        
                                                        

 
 1 operator; nor does this section prohibit individuals injured
 
 2 while occupying an uninsured motorcycle from bringing suit
 
 3 directly against the owner of the uninsured motorcycle."
 
 4      SECTION 4.  The provisions of this Act do not affect rights,
 
 5 duties, or actions that are based upon events or acts which have
 
 6 taken place prior to the effective date of any provision of this
 
 7 Act, or to penalties that were incurred or proceedings begun
 
 8 before the effective date of this Act.
 
 9      SECTION 5.  New statutory material is underscored.
 
10      SECTION 6.  This Act shall take effect upon its approval.
 
11 
 
12                           INTRODUCED BY:  _______________________