§287-29  Generalprovisions governing liability policies.  Every motor vehicle liabilitypolicy shall be subject to the following provisions which need not be containedtherein:

(1)  The liability of the insurance carrier withrespect to the insurance required by this chapter shall become absolutewhenever injury or damage covered by the motor vehicle liability policy occurs;the policy may not be canceled or annulled as to such liability by anyagreement between the insurance carrier and the insured after the occurrence ofthe injury or damage; no statement made by the insured or on the insured'sbehalf and no violation of the policy shall defeat or void the policy;

(2)  The satisfaction by the insured of a judgment forsuch injury or damage shall not be a condition precedent to the right or dutyof the insurance carrier to make payment on account of such injury or damage;

(3)  The insurance carrier shall have the right tosettle any claim covered by the policy, and if the settlement is made in goodfaith, the amount thereof shall be deductible from the limits of liabilityspecified in section 287-25(2);

(4)  The policy, the written application therefor, ifany, and any rider or endorsement which does not conflict with this chaptershall constitute the entire contract between the parties. [L 1949, c 393, pt of§1; RL 1955, §160-107; HRS §287-29; gen ch 1985]

 

Case Notes

 

  It is not mandatory to obtain an automobile liabilitypolicy.  146 F. Supp. 729.