SB3032

Report Title:

Insurance, Domestic Abuse

Description:

Amends insurance law relating to exception for claims arising from domestic abuse.

 

THE SENATE	S.B. NO.	3032
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

RELATING TO INSURANCE.

 

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

SECTION 1. Section 431:10-217.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Any form filed [or filed] after July 15, 1998 or subject to a rule adopted under chapter 91 may exclude coverage for losses caused by intentional or fraudulent acts of any insured. Such an exclusion, however, shall not apply to deny [an insured's] otherwise-covered [property loss] claims for property loss or bodily injury if:

(1) [The property loss is caused by] The claim arises from an act of domestic abuse [by another insured under the policy];

(2) The [insured claiming property loss] claimant files a police report and cooperates with any law enforcement investigation relating to the act of domestic abuse; and

(3) The [insured claiming property loss] claimant did not cooperate in or contribute to the creation of the property loss.

Payment by the insurer [to an insured] may be limited to the [person's] claimant's insurable interest in the relevant property less payments made to a mortgagee or other party with a legal secured interest in the property. An insurer making payment [to an insured] under this section has all rights of subrogation to recover against the perpetrator of the act that caused the loss."

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 Statutory material to be repealed is bracketed and stricken.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:	_____________________________