2012 Hawaii Revised Statutes
431. Insurance Code
431:10C-105 Self-insurance.

HI Rev Stat § 431:10C-105 (2012) What's This?

Cross References

Applicability of article to captive insurers, see §431:19-115.5.

Law Journals and Reviews

Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev. 55.

Case Notes

Rent-a-car company's rental agreement provision, which attempted to shift primary responsibility for providing minimum insurance coverage to the renter's personal insurance policy, violated the public policy enumerated in this chapter. 88 H. 274, 965 P.2d 1274.

The owner of a vehicle has the primary obligation to provide minimum coverage for the owned vehicle and this obligation may not be avoided through a unilateral contract with a permissive user of the vehicle. 88 H. 274, 965 P.2d 1274.

When a defendant is charged with a violation of this article, §805-13 is the proper procedural statute for the district court, enforcement officers, and the prosecutor's office to follow. 86 H. 331 (App.), 949 P.2d 171.

As §1-1 does not establish the supremacy of the 1840 Constitution over the current state constitution, or somehow render the documents concurrent, whether chapter 431 violated the 1840 Constitution was immaterial for purposes of defendant's conviction. 90 H. 130 (App.), 976 P.2d 444.

§431:10C-105 Self-insurance. (a) The motor vehicle insurance required by section 431:10C-104 may be satisfied by any owner of a motor vehicle if:

(1) The owner meets the requirements of part VI of this article; and

(2) The commissioner is satisfied that in case of injury, death, or property damage, any claimant would have the same rights against the owner as the claimant would have had if a motor vehicle insurance policy had been applicable to the vehicle.

(b) A person desiring to qualify as a self-insurer shall apply to the commissioner on a form or in a format approved by the commissioner pursuant to rules. [L 1987, c 347, pt of §2; am L 1997, c 251, §16; am L 2000, c 24, §5; am L 2004, c 122, §39]

Cross References

Self-insurer requirements, see §§431:10C-601 to 608.

Case Notes

Use restriction in rental agreement purporting to limit self-insurer rent-a-car company's liability in the event of an accident in which renter was intoxicated was in violation of public policy. 85 H. 243, 942 P.2d 507.

Where there was no underlying insurance contract from which the duty of good faith settlement practices could arise, injured third-party claimant had no right to sue self-insured car rental company for bad faith. 105 H. 112, 94 P.3d 667.

For purposes of §431:10C-104(a), self-insurance under this section should be considered a defense, which the prosecution need not disprove unless some evidence to support the defense has been introduced. 90 H. 130 (App.), 976 P.2d 444.

Proof of self-insurance under this section is a "defense" within the meaning of §701-115. 90 H. 130 (App.), 976 P.2d 444.

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