HOUSE OF REPRESENTATIVES	H.C.R. NO.	171
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

REQUESTING THE INSURANCE COMMISSIONER TO STUDY THE advantages and disadvantages OF ADOPTING THE ENGLISH MARINE INSURANCE ACT, 1906.

     WHEREAS, the state Insurance Code does not contain any articles devoted exclusively to marine insurance; and

     WHEREAS, marine insurance generally covers the loss or damage of ships, cargo, terminals, and any transport or property by which cargo is transferred, acquired, or held between the points of origin and final destination; and

     WHEREAS, the English Marine Insurance Act, 1906, codified the previous English common law, and is reputed to be an extremely thorough and concise piece of work; and

     WHEREAS, in the United States, the United States Supreme Court has held that each state is largely free to promulgate its own marine insurance rules, in keeping with historic federal policy permitting state regulation of insurance matters generally; and

     WHEREAS, adoption of the English Marine Insurance Act, 1906, may give greater predictability to marine insurance claims arising under Hawaii law, and therefore promote greater underwriting activity incorporating or relying on such law; and

     WHEREAS, on the other hand, much of the English Marine Insurance Act, 1906, relates to contract law, which may be outside the present regulatory function of the Insurance Division of the Department of Commerce and Consumer Affairs, and other parts may already be included as part of the Insurance Code, in conflict with the Insurance Code, or new to the Insurance Code; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, the Senate concurring, that the Insurance Commissioner of the Department of Commerce and Consumer Affairs is requested to report the advantages and disadvantages of adopting the English Marine Insurance Act, 1906 in Hawaii; and

     BE IT FURTHER RESOLVED that the Insurance Commissioner is requested to submit findings and recommendations, including proposed legislation, to the Legislature not later than twenty days prior to the convening of the Regular Session of 2009; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Insurance Commissioner of the Department of Commerce and Consumer Affairs.

OFFERED BY:

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Report Title: 

Marine Insurance