Bill Text: HI HB640 | 2023 | Regular Session | Introduced
Bill Title: Relating To Insurance.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2023-03-24 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to CPN. [HB640 Detail]
Download: Hawaii-2023-HB640-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
640 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to insurance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. Section 431:10C-802, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) A peer-to-peer car-sharing
program shall ensure that during each car-sharing period, the shared car shall
be insured under a motor vehicle insurance policy that shall provide:
(1) Primary insurance coverage for each shared car available and used through
a peer-to-peer car-sharing program in amounts not less than [$750,000 for
death, bodily injury, and property damage per accident, and costs of defense
outside the limits;] the minimum amounts set forth in section
431:10C-301; provided that the primary insurance coverage under this paragraph
shall provide coverage for death, bodily injury, and property damage per
accident, and costs of defense outside the limits;
(2) Primary insurance coverage for each shared car available and used through
a peer-to-peer car-sharing program for personal injury protection coverage that
meets the minimum coverage amounts required by section 431:10C-103.5; and
(3) The following optional coverages, which any named insured may elect to
reject or purchase, that provides primary coverage for each shared car
available and used through a peer-to-peer car-sharing program:
(A) Uninsured and underinsured motorist coverages as
provided in section 431:10C-301, which shall be equal to the primary liability
limits specified in this section; provided that uninsured and underinsured
motorist coverage offers shall provide for written rejection of the coverages
as provided in section 431:10C-301;
(B) Uninsured and underinsured motorist coverage
stacking options as provided in section 431:10C-301; provided that the offer of
the stacking options shall provide for written rejection as provided in section
431:10C-301;
(C) An offer of required optional additional insurance
coverages as provided in section 431:10C-302; and
(D) In the event the only named insured under the motor
vehicle insurance policy issued pursuant to this section is the peer-to-peer
car-sharing program, the insurer or the peer-to-peer car-sharing program shall:
(i) Disclose the coverages in writing to the
peer-to-peer car-sharing driver;
(ii) Disclose to the peer-to-peer car-sharing driver in
writing that all optional coverages available may not have been purchased under
sections 431:10C-301 and 431:10C-302; and
(iii) Obtain a written acknowledgement from the peer-to-peer car-sharing driver of receipt of the written disclosures required in paragraphs (1) and (2). The standard disclosure forms used in paragraphs (1) and (2), and every modification of such forms intended to be used, shall be filed with the commissioner within fifteen days of providing such disclosure to the peer-to-peer car-sharing driver. The insurer or the peer-to-peer car-sharing program shall also send to the peer-to-peer car-sharing driver every modified disclosure form within fifteen days of the filing of such modified disclosure form and comply with paragraph (3). Such disclosures and acknowledgement may be sent and received by electronic means."
SECTION 2. Act 56, Session Laws of Hawaii 2022, is amended by amending section 5 to read as follows:
"SECTION
5. This Act shall take effect on January
1, 2023[, and]; provided that sections 431:10C-C, 431:10C-D,
431:10C-E, 431:10C-F, 431:10C-G, as added by section 2 of this Act, shall be repealed on June 30,
2025."
PART II
SECTION 3. Section 431:10C-802, Hawaii Revised Statutes, is amended to read as follows:
"[[]§431:10C-802[]] Insurance coverage during car-sharing period.
[(a)] A peer-to-peer
car-sharing program shall ensure that during each car-sharing period, the
shared car shall be insured under a motor vehicle insurance policy that shall
provide[:
(1) Primary]
insurance coverage for each shared car available and used through a
peer-to-peer car-sharing program in amounts not less than the minimum amounts
set forth in section 431:10C-301; provided that the primary insurance coverage
under this [paragraph] section shall provide coverage for death,
bodily injury, and property damage per accident, and costs of defense outside
the limits[;
(2) Primary insurance coverage for each shared car
available and used through a peer-to-peer car-sharing program for personal
injury protection coverage that meets the minimum coverage amounts required by
section 431:10C-103.5; and
(3) The following optional coverages, which any named
insured may elect to reject or purchase, that provides primary coverage for
each shared car available and used through a peer-to-peer car-sharing program:
(A) Uninsured and underinsured motorist coverages as
provided in section 431:10C-301, which shall be equal to the primary liability
limits specified in this section; provided that uninsured and underinsured motorist
coverage offers shall provide for written rejection of the coverages as
provided in section 431:10C-301;
(B) Uninsured and underinsured motorist coverage
stacking options as provided in section 431:10C-301; provided that the offer of
the stacking options shall provide for written rejection as provided in section
431:10C-301;
(C) An offer of required optional additional insurance
coverages as provided in section 431:10C-302; and
(D) In the event the only named insured under the motor
vehicle insurance policy issued pursuant to this section is the peer-to-peer
car-sharing program, the insurer or the peer-to-peer car-sharing program shall:
(i) Disclose the coverages in writing to the
peer-to-peer car-sharing driver;
(ii) Disclose
to the peer-to-peer car-sharing driver in writing that all optional coverages
available may not have been purchased under sections 431:10C-301 and
431:10C-302; and
(iii) Obtain a written acknowledgement from the
peer-to-peer car-sharing driver of receipt of the written disclosures required
in paragraphs (1) and (2). The standard
disclosure forms used in paragraphs (1) and (2), and every modification of such
forms intended to be used, shall be filed with the commissioner within fifteen
days of providing such disclosure to the peer-to-peer car-sharing driver. The insurer or the peer-to-peer car-sharing
program shall also send to the peer-to-peer car-sharing driver every modified
disclosure form within fifteen days of the filing of such modified disclosure
form and comply with paragraph (3). Such
disclosures and acknowledgement may be sent and received by electronic means.
(b)
If insurance maintained by a shared car owner or shared car driver in
accordance with subsection (a) has lapsed, contains an exclusion for
peer-to-peer car-sharing, or does not provide the required coverage, insurance
maintained by a peer-to-peer car-sharing program shall provide the coverage
required by subsection (a) beginning with the first dollar of a claim and shall
have the duty to defend the claim.
(c)
Coverage under a motor vehicle insurance policy maintained by the
peer-to-peer car-sharing program shall not be dependent on another motor
vehicle insurer first denying a claim]."
PART III
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval; provided that part II of this Act shall take effect on June 30, 2025.
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INTRODUCED BY: |
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Report Title:
Insurance; Peer-to-Peer Car-Sharing; Liability
Description:
Amends the required coverage for shared cars that are made available through a peer-to-peer car-sharing program. On 6/30/2025, repeals the allowable exclusions, recordkeeping requirements, right of recovery, insurable interest, and required disclosures and notices under the peer-to-peer car-sharing insurance law.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
