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HI HB924
Bill
Status
6/9/2011
Primary Sponsor
John Mizuno
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AI Summary
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Requires liability insurance policies issued to construction professionals be construed according to the law and reasonable expectations existing at the time the policy was issued, rather than subsequent court decisions.
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Applies to all liability insurance policies covering construction-related work, including owner-controlled insurance programs, surplus lines insurance, and policies already in effect as of the Act's effective date.
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Defines "construction professional" broadly to include contractors licensed under chapter 444, building owners, developers, and any person or entity engaged in development, construction, or repair of real property improvements.
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Voids as unenforceable any insurance policy provision that violates this section as contrary to public policy.
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Responds to the 2010 Hawaii Court of Appeals decision in Group Builders, Inc. v. Admiral Insurance Co. which held that commercial general liability policies do not cover bodily injury or property damage from construction defects.
Legislative Description
Commercial Liability Insurance Policies; Construction Professionals
Last Action
(S) Act 083, 6/3/2011 (Gov. Msg. No. 1186).
6/9/2011