HRS §431:8-209
When you can get attorney's fees from an unauthorized insurer
If you sue an unauthorized insurer for a policy issued in Hawaii, and they refused to pay for 30 days after you asked, and the court finds their refusal was unreasonable, the court can make them pay your attorney's fees. The fee is limited to 12.5% of your award, but at least $25. If the insurer doesn't defend the lawsuit, that's evidence their refusal was unreasonable.
The statute, as written — Attorney's fees
In an action against an unauthorized insurer upon a contract of insurance issued or delivered to a person in this State, if the insurer has failed for thirty days after demand prior to the commencement of the action to make payment in accordance with the terms of the contract, and it appears to the court that the refusal was vexatious and without reasonable cause, the court may allow to the plaintiff reasonable attorney's fees and include the fees in any judgment that may be rendered in the action. The fee shall not exceed twelve and one-half per cent of the amount that the court or jury finds the plaintiff is entitled to recover against the insurer, but in no event shall the fee be less than $25. Failure of an insurer to defend any such action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.