HRS §392-48
What employer disability insurance policies must cover
This section says that an employer's disability insurance policy must cover the full amount the employer owes to its workers for temporary disability benefits. Workers can enforce the policy themselves, and the policy must be approved by the state insurance commissioner.
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The statute, as written — The insurance contract
Every policy of insurance issued by an insurer of an employer pursuant to this chapter which covers the liability of the employer for temporary disability benefits shall cover the entire liability of the employer to the employer's employees covered by the policy or contract, and also shall contain a provision setting forth the right of the employees to enforce in their own names either by filing a separate claim or by making the insurer a party to the original claim, the liability of the insurer in whole or in part for the payment of the disability benefits. Payment in whole or in part of disability benefits by either the employer or the insurer shall, to the extent thereof, be a bar to the recovery against the other of the amount so paid. All insurance policies shall be approved by the insurance commissioner of the State.
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