§661-11 - Tort claims against State where covered by insurance. - Hawaii Statutes

     §661-11  Tort claims against State where covered by insurance.  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.

     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]

 

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.

  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.