§661-11  Tort claims against State where
covered by insurance.  This section applies to an action where (1) the
State is a party defendant; (2) the subject matter of the claim is covered by a
primary insurance policy entered into by the State or any of its agencies; and
(3) chapter 662 does not apply.  No defense of sovereign immunity shall be
raised in an action under this section.  However, the State's liability under
this section shall not exceed the amount of, and shall be defrayed exclusively
by, the primary insurance policy.



An action under this section shall not be
subject to sections 661-1 to 661-10. [L 1955, c 253, §1; RL 1955, §245-11; HRS
§661-11; am L 1972, c 164, §1(i); am L 1988, c 266, §2]



 



Cross References



 



  State risk management and insurance administration, see
chapter 41D.



 



Case Notes



 



  State, University of Hawaii, and Research Corporation of the
UH waived immunity under Eleventh Amendment and consented to suit in federal
court.  512 F. Supp. 889.



  The applicability of this section was immaterial to the case
where, whether or not the State's sovereign immunity was waived pursuant to
this section with respect to plaintiff's claim against the State for vicarious
liability, where the Hawaii employer-union health benefits trust fund trustees'
choice of a two-tiered rate structure was not an abuse of discretion, the
trustees did not breach a fiduciary duty, and thus, the State could not be
vicariously liable therefor.  115 H. 126, 165 P.3d 1027.