ARTICLE10C

MOTORVEHICLE INSURANCE

 

PART I.Ā GENERAL PROVISIONS

 

Cross References

 

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

 

Law Journals and Reviews

 

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

 

Case Notes

 

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

Ā  The owner of a vehicle has the primary obligation to provideminimum coverage for the owned vehicle and this obligation may not be avoidedthrough a unilateral contract with a permissive user of the vehicle.Ā  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, enforcementofficers, and the prosecutor's office to follow.  86 H. 331 (App.), 949 P.2d171.

  As §1-1 does not establish the supremacy of the 1840Constitution over the current state constitution, or somehow render thedocuments concurrent, whether chapter 431 violated the 1840 Constitution wasimmaterial for purposes of defendant's conviction.  90 H. 130 (App.), 976 P.2d444.

 

§431:10C-101  Short title.  This articleshall be known and may be cited as the Hawaii motor vehicle insurance law. [L1987, c 347, pt of §2]