Report Title:

Motor Vehicle Insurance; Uninsured

Description:

Prohibits uninsured motorists from recovering noneconomic damages.

HOUSE OF REPRESENTATIVES	H.B. NO.	83
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO MOTOR VEHICLE INSURANCE.

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

     SECTION 1.  Section 431:10C-306, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Subsections (a) and (b) shall apply whether or not the injured person is entitled to receive personal injury protection benefits[.]; provided that if the injured person is not entitled to receive personal injury protection benefits, tort liability shall be abolished as to the injured person's noneconomic damages.  The party against whom the presumption under this section is directed shall have the burden of proof to rebut the presumption."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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