HRS §672B-10
Clearing records and stopping insurance hikes after a baseless claim
If a design professional wins a case before the design claim conciliation panel, they can ask the panel to erase the records. The panel must erase them if most members find the complaint was fraudulent or frivolous. Also, an insurer cannot raise the professional's liability insurance premium because of a claim the panel found fraudulent or frivolous.
The statute, as written — Expungement of records; liability insurance rates
(a) Upon a decision by the design claim conciliation panel finding for the design professional pursuant to section 672B‑9(a), the design professional may apply to the panel for expungement of all records of the related proceedings. The panel shall expunge all records if a majority of the panel finds that the complaint is fraudulent or frivolous. (b) No insurer providing professional liability insurance for a design professional shall increase any premium rate for the design professional on the basis of the filing of a tort claim against the design professional that is determined by the design claim conciliation panel to be fraudulent or frivolous.
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