STATE LAW – HAWAII LIBRARY – GUIDE 06
Hawaii Stacking & Multiple Insurance Policies
Stacking analysis asks whether more than one independently applicable coverage may respond to the same loss. The answer depends on the coverage involved, insured status, policy wording, statutory rules and current Hawaii case law.
Hawaii generally prohibits stacking unless the statutory stacking option was purchased
HRS § 431:10C-301(c) prohibits stacking or aggregating UM/UIM coverage except as provided in subsection (d). Subsection (d) requires the insurer to offer the insured the opportunity to purchase stacked UM and UIM coverage.
The stacking offer must be meaningful
Hawaii Supreme Court authority has required a legally sufficient offer and written rejection of stacked coverage. An insurer cannot simply force the insured to affirmatively select stacking without providing the statutory opportunity to reject it knowingly.
Other-insurance clauses are not automatically anti-stacking clauses
A policy provision that establishes priority among multiple insurers may be enforceable if it does not improperly reduce otherwise available UM/UIM benefits. Analyze priority, stacking and anti-duplication as separate issues.
Primary statute
PUBLIC-INTEREST LEGAL EDUCATION
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Official Sources
Verify current Hawaii law at the source
The reviewed Hawaii guide content above is preserved. Use current statutes, insurance regulations, controlling cases and the operative policy before legal reliance.
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