Exceptions.

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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Section 294-10(a) referred to in text is repealed.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).


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