HRS §661-11
Suing the State when insurance covers the claim
Read the official text at capitol.hawaii.gov ↗This section lets you sue the State for a claim that its insurance covers, but only if the usual state claims law does not apply. The State cannot use sovereign immunity as a defense. The State's payment is limited to what the insurance policy pays.
everyone
The statute, as written — Tort claims against State where covered by insurance
A copy, taken August 20, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.
(a) This section applies to an action where: (1) The State is a party defendant; (2) The subject matter of the claim is covered by a primary insurance policy entered into by the State or any of its agencies; and (3) Chapter 662 does not apply. No defense of sovereign immunity shall be raised in an action under this section. However, the State's liability under this section shall not exceed the amount of, and shall be defrayed exclusively by, the primary insurance policy. (b) An action under this section shall not be subject to sections 661-1 to 661-10.
Sections this one refers to
§661-1 Which courts can hear claims against the state
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.