Hawaii Revised Statutes

Haw. Rev. Stat. § 431:10-237 (2026)

Construction of policies

✓ current as of July 2026
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     §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
Cited in 9 cases, 1992–2020 · leading case: Smith v. New England Mut. Life Ins., 827 P.2d 635 (Haw. 1992).
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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