§431:10-221 - Prohibited policy provisions: limiting actions and jurisdictions. - Hawaii Statutes

     §431:10-221  Prohibited policy provisions:  limiting actions and jurisdictions.  (a)  No insurance contract delivered or issued for delivery in this State and covering subjects located, resident or to be performed in this State, shall contain any condition, stipulation or agreement:

     (1)  Requiring it to be construed according to the laws of any state or country except as necessary to meet the requirements of the motor vehicle financial responsibility laws or compulsory disability benefit laws of such other state or country; or

     (2)  Depriving the courts of this State of the jurisdiction of action against the insurer; or

     (3)  Limiting right of action against the insurer to a period of less than one year from the time when the cause of action accrues in connection with all insurances other than property and marine and transportation insurances.  In contracts of property insurance, or of marine and transportation insurance, the limitation shall not be to a period of less than one year from the date of the loss.

     (b)  Any such condition, stipulation or agreement in violation of this section shall be void, but such voiding shall not affect the validity of the other provisions of the contract. [L 1987, c 347, pt of §2]