§431:10-237 Construction of policies.  Every insurance contract shall be construedaccording to the entirety of its terms and conditions as set forth in thepolicy, and as amplified, extended, restricted, or modified by any rider,endorsement or application attached to and made a part of the policy. [L 1987,c 347, pt of §2]

 

Case Notes

 

  Waiting period exclusion in insurance policy requiringcompletion of three months of continuous active service for employee to beeligible for benefits was clear and unambiguous since term "employee"must be read and construed according to its meaning as defined in the policy asone employed on a regular full-time permanent basis.  72 H. 531, 827 P.2d 635.

  Cited:  451 F. Supp. 2d 1147; 73 H. 385, 834 P.2d 279; 73 H.552, 836 P.2d 1074.

  Because Hawaii law requires every insurance policy to besubject to the general rules of contract construction, and an assignment byoperation of law is merely an extension of the common law tort rule ofsuccessor liability, trial court erred in concluding that an assignment byoperation of law was consistent with Hawaii's rules governing construction ofinsurance policies.  117 H. 357, 183 P.3d 734.