HRS §431:8-319
Suing a surplus lines insurer and serving legal papers
This section explains how you can sue a surplus lines insurer for claims that come from a policy issued in Hawaii. The policy must name a person to receive legal papers, and the insurer agrees to follow these rules. These rules add to other legal ways to deliver papers.
The statute, as written — Actions against surplus lines insurer; service of process
(a) A surplus lines insurer may be sued upon any cause of action arising in this State under any surplus lines insurance contract made by it or evidence of insurance issued or delivered by the surplus lines broker pursuant to the procedure provided in part II of this article. Any such policy issued by the surplus lines broker shall contain a provision stating the substance of this section and designating the person to whom the commissioner shall mail process. (b) Each insurer assuming a surplus lines insurance in this State shall be deemed thereby to have subjected itself to this article. (c) The remedies provided in this section are in addition to any other methods provided by law for service of process upon insurers.
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