Hawaii Revised Statutes

Haw. Rev. Stat. § 287-7 (2025)

  Exceptions

✓ laws through the 2025 session: the 2026 session is not included
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     §287-7  Exceptions.  Sections 287-5 and 287-6 shall not apply under the conditions stated in section 287-8 nor:

     (1)  To the driver or registered owner if the registered owner had in effect at the time of the accident an automobile liability policy with respect to the motor vehicle involved in the accident;

     (2)  To the driver, if not the registered owner of the motor vehicle if there was in effect at the time of the accident an automobile liability policy or bond with respect to the driver's operation of motor vehicles not owned by the driver;

     (3)  To the driver or registered owner if the liability of the operator or registered owner for damages resulting from such action is, in the judgment of the administrator, covered by any other form of liability insurance policy or bond;

     (4)  To any person qualifying as a self-insurer under section 287-42, or to any driver of a motor vehicle for the self-insurer where the self-insurer is responsible for the acts of the driver.

     No automobile liability policy or bond shall be effective under this section unless issued by an insurance company or surety company authorized to do business in the State, except that if the motor vehicle is registered elsewhere than in this State at the effective date of the policy or bond, or the most recent renewal thereof, the policy or bond shall not be effective under this section unless the insurance company or surety company, if not authorized to do business in the State, executes a power of attorney authorizing the insurance commissioner to accept service on its behalf of notice of process in any action upon the policy or bond arising out of the action; provided every such policy or bond is subject to a limit, exclusive of interest and costs, of not less than the liability coverages stated in section 294-10(a). [L 1949, c 393, pt of §1; RL 1955, §160-86; am L 1963, c 98, §1; HRS §287-7; am L 1970, c 164, §3; am L 1980, c 84, pt of §1; am L 1982, c 210, §3; gen ch 1985]

 

Note

 

  Section 294-10(a) referred to in text is repealed.  For present provision, see §431:10C-301.

 

Law Journals and Reviews

 

  Tort and Insurance "Reform" in a Common Law Court.  14 UH L. Rev. 55 (1992).

 

Case Notes

 

  Under this section and §431-448 insurer must provide a minimum of $10,000 uninsured motorist coverage for each vehicle under a single liability insurance policy.  59 H. 44, 575 P.2d 477 (1978).

 

 

Notes of Decisions
Cited in 26 cases, 1974–2009 · leading case: Est. of Calibuso ex rel. Calibuso v. Pac. Ins., 616 P.2d 1357 (Haw. 1980).
Est. of Calibuso ex rel. Calibuso v. Pac. Ins., 616 P.2d 1357 (Haw. 1980). · cites it 11× “(Emphasis added) The minimum limits set forth in HRS § 287-7 are $10,000 per person and $20,000 for each accident, for a single automobile.”
Allstate Ins. Co. v. Hirose, 884 P.2d 1138 (Haw. 1994). · cites it 9× “In so holding, we specifically stated that “Mollena and Costa are entitled, as a matter of law, to implied offers in the minimum amount to be offered for uninsured motorist coverage as required under HRS §§ 287-7, 294-10(a), and 431-448, 8 which in this case amounts to $35,000…”
Dawes v. First Ins. Co. of Hawai'i, 883 P.2d 38 (Haw. 1994). · cites it 4× “HRS § 431:10C-301(b)(3) provides: With respect to any motor vehicle registered or principally garaged in this State, liability coverage provided therein or supplemental thereto, in limits for bodily injury or death set forth in section 287-7, under provisions filed with and…”
Doi v. Hawaiian Ins. & Guar. Co., 727 P.2d 884 (Haw. App. 1986). · cites it 7× “1 Thus, Pahio’s policy also complied with HRS § 287-7 (1985), 2 the Motor Vehicle Safety Responsibility Law.”
Yamamoto v. Premier Ins., 668 P.2d 42 (Haw. App. 1983). · cites it 6× “Prior to 1982, HRS § 287-7 established the minimum coverage for bodily injury or death at $10,000.”
Hara v. Island Ins. Co., 759 P.2d 1374 (Haw. 1988). · cites it 9× “] *44 At the time of accident, HRS § 287-7 provided: [E]very such policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than $10,000 because of bodily injury to or death of one person in any…”
DeMello v. First Ins. Co. of Hawaii, 523 P.2d 304 (Haw. 1974). · cites it 6× “2d 1399 (1974), we held that in order to accomplish the *307 protective purpose of HRS § 431-448, [4] an "other insurance" clause in the uninsured motorists provisions of an insured's automobile liability policy is invalid if its effect is to limit recovery by the insured under…”
Am. Ins. v. Takahashi, 575 P.2d 881 (Haw. 1978). · cites it 5× “These minimum amounts are described in HRS § 287-7, which requires a minimum of $10,000 of uninsured motorist coverage when one person is injured or killed in an accident, up to an overall minimum limit of $20,000 when more than one person is injured or killed in an accident.”
Allstate Ins. v. Morgan, 575 P.2d 477 (Haw. 1978). · cites it 3× “7 HRS § 287-7 states the minimum statutory limits of liability as follows: [E]very such [automobile liability] policy .”
Walton v. State Farm Mut. Auto. Ins., 518 P.2d 1399 (Haw. 1974). · cites it 5× “The statutory minimum in Hawaii is incorporated by reference within HRS § 431-448, and is “not less than $10,000 because of bodily injury to .”
Mollena v. Fireman's Fund Ins. Co. of Hawaii, 816 P.2d 968 (Haw. 1991). · cites it 3× “We hold that Fireman’s Fund not having met the four-part test as enunciated herein, Mollena and Costa are entitled, as a matter of law, to implied offers in the minimum amount required to be offered for uninsured motorist coverage as required under HRS § 287-7, § 294-10(a), and…”
Dines v. Pac. Ins. Co., 893 P.2d 176 (Haw. 1995). · cites it 2× “or bodily injury or death suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle, shall be delivered, issued for delivery, or renewed in this State, with respect to any motor vehicle registered or principally garaged in this State, unless…”
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