§431:10-237 - Construction of policies. - Hawaii Statutes

     §431:10-237  Construction of policies.  Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy, and as amplified, extended, restricted, or modified by any rider, endorsement or application attached to and made a part of the policy. [L 1987, c 347, pt of §2]

 

Case Notes

 

  Waiting period exclusion in insurance policy requiring completion of three months of continuous active service for employee to be eligible for benefits was clear and unambiguous since term "employee" must be read and construed according to its meaning as defined in the policy as one employed on a regular full-time permanent basis.  72 H. 531, 827 P.2d 635.

  Cited:  451 F. Supp. 2d 1147; 73 H. 385, 834 P.2d 279; 73 H. 552, 836 P.2d 1074.

  Because Hawaii law requires every insurance policy to be subject to the general rules of contract construction, and an assignment by operation of law is merely an extension of the common law tort rule of successor liability, trial court erred in concluding that an assignment by operation of law was consistent with Hawaii's rules governing construction of insurance policies.  117 H. 357, 183 P.3d 734.