HRS §431:10C-117.5
Insurer can recover deductible from at-fault insured
If an insurance company pays for injuries or death caused by its policyholder, and the policyholder's actions made the deductible not apply, the insurer can get that deductible amount back from the policyholder.
The statute, as written — Additional civil liability
An insurer whose insured causes death or injury to another person, and that is not entitled to the reduction provided in section 431:10C-301.5, shall be entitled to recover the amount of the covered loss deductible that would have applied from the insured whose conduct resulted in inapplicability of the covered loss deductible.
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