Hawaii Coverage Disclosure & Insurer Duties

Hawaii’s unfair-claims statute governs insurer conduct

HRS § 431:13-103(a)(11) defines unfair claim settlement practices when committed with such frequency as to indicate a general business practice. The statute addresses misrepresentation of pertinent facts or policy provisions, unreasonable delay in claim communications or investigation, failure to affirm or deny coverage within a reasonable time after proof-of-loss requirements are complete, failure to offer payment within thirty calendar days after liability is affirmed and the amount is determined and undisputed, and failure to attempt prompt, fair and equitable settlements when liability has become reasonably clear.

Do not assume a universal liability-limits disclosure deadline

For a third-party crash claim, the proper inquiry is what Hawaii law requires in the specific relationship and what the insurer has represented or undertaken. Request the declarations, applicable limits, endorsements and all coverage positions in writing, but distinguish a request strategy from a statutory duty that may not exist in every case.

Coverage investigation should extend beyond the tortfeasor’s personal policy

• vehicle-owner liability policy
• driver’s personal or operator policy
• resident-relative and household coverage
• UM/UIM and PIP benefits
• umbrella and excess policies
• employer and commercial auto coverage
• rideshare or delivery-platform insurance
• rental, non-owned and permissive-use coverage

Preserve written coverage positions

Keep all declarations, denial letters, reservation-of-rights letters, limits representations, policy excerpts, claim correspondence and recorded statements. A later coverage or bad-faith dispute may turn on exactly what the insurer said, what it omitted, and what information it possessed at the time.

Authority map

HRS § 431:13-103(a)(11). Governing Hawaii unfair-claims-practices framework, including communications, investigation, coverage decisions, payment timing and settlement conduct.

Hawaii motor-vehicle insurance statutes. PIP, liability and UM/UIM rights depend on the specific statutory and policy provisions governing the coverage at issue.