§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]
Cross References
Insurance policies issued to construction professionals, see
§431:1-217.
Case Notes
Homeowner's and umbrella policies and exclusions construed as
to grandparents' claims based on grandchild's injury; no coverage for claims
for loss of society, companionship, etc.; questions of fact existed as to
whether claims for emotional distress were covered under the policies. 80 F.
Supp. 3d 1116 (2015).
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
(1992).
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 (2007).
Cited: 451 F. Supp. 2d 1147 (2006); 725 F. Supp. 2d 1219
(2010); 877 F. Supp. 2d 993 (2012); 73 H. 385, 834 P.2d 279 (1992); 73 H. 552,
836 P.2d 1074 (1992).
Notes of Decisions
Smith v. New England Mut. Life Ins., 827 P.2d 635 (Haw. 1992).
· cites it 3× “HRS § 431:10-237. The court below found that two prerequisites determined coverage: one, the status of the insured as a full-time employee; and two, completion by the insured of three months of continuous, active service.”
Est. of Doe v. Paul Revere Ins. Grp., 948 P.2d 1103 (Haw. 1997).
· cites it 2× “Moreover, as noted above, inasmuch as “[every] insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy,” HRS § 431:10-237, and, because in *274 surance policies are contracts of adhesion, they must likewise be…”
Illinois Nat'l Ins. v. Nordic PCL Constr., Inc., 870 F. Supp. 2d 1015 (D. Haw. 2012).
“2d at 42 ; Haw. Rev. Stat. § 431:10-237 (“[e]very insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy”).”
State Farm Fire & Cas. Co. v. GP West, Inc., 190 F. Supp. 3d 1003 (D. Haw. 2016).
“”); see also Haw. Rev. Stat. § 431:10-237 (“Every in'-surance 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…”
Gemini Ins. Co. v. Constrx Ltd., 360 F. Supp. 3d 1055 (D. Haw. 2018).
“§ 431:10-237 ("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.”
Allstate Ins. v. Takeda, 243 F. Supp. 2d 1100 (D. Haw. 2003).
“§ 431:10-237 (Michie 2001) (in effect at the time of the incident) (“Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy.”). Because insurance contracts are contracts of adhesion, they must be construed…”
State Farm Fire & Cas. Co. v. Hanohano, 158 F. Supp. 3d 1023 (D. Haw. 2016).
“2d 648, 655 (1983); see also Haw. Rev. Stat. § 431:10-237 (“[e]very insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy”).”
Gemini Ins. Co. v. ConstRX Ltd., 345 F. Supp. 3d 1270 (D. Haw. 2018).
“§ 431:10-237 ("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.”
AIG Prop. Cas. Co. v. Anenberg (D. Haw. 2020).
“Framework for Construing Insurance Contracts “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…”
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