§661-11 Tort claims against State where covered by insurance. (a) This section applies to an action where:
(1) The State is a party defendant;
(2) The subject matter of the claim is covered by a primary insurance policy entered into by the State or any of its agencies; and
(3) Chapter 662 does not apply.
No defense of sovereign immunity shall be raised in an action under this section. However, the State's liability under this section shall not exceed the amount of, and shall be defrayed exclusively by, the primary insurance policy.
(b) An action under this section shall not be subject to sections 661-1 to 661-10. [L 1955, c 253, §1; RL 1955, §245-11; HRS §661-11; am L 1972, c 164, §1(i); am L 1988, c 266, §2; am L 2016, c 55, §45]
Cross References
State risk management and insurance administration, see chapter 41D.
Case Notes
State, University of Hawaii, and Research Corporation of the UH waived immunity under Eleventh Amendment and consented to suit in federal court. 512 F. Supp. 889 (1981).
The applicability of this section was immaterial to the case where, whether or not the State's sovereign immunity was waived pursuant to this section with respect to plaintiff's claim against the State for vicarious liability, where the Hawaii employer-union health benefits trust fund trustees' choice of a two-tiered rate structure was not an abuse of discretion, the trustees did not breach a fiduciary duty, and thus, the State could not be vicariously liable therefor. 115 H. 126, 165 P.3d 1027 (2007).
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.