Bill Text: HI SB2832 | 2010 | Regular Session | Introduced
Bill Title: Joint and Several Liability; Limitation; Joint Tortfeasors
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-28 - (S) Referred to CPN, JGO. [SB2832 Detail]
Download: Hawaii-2010-SB2832-Introduced.html
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THE SENATE |
S.B. NO. |
2832 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to torts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 663-10.98, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any other law to the contrary notwithstanding, including but not limited to sections 663-10.9, 663-11 to 663‑13, 663-16, 663-17, and 663-31, in any case involving tort claims relating to the design, construction, and maintenance of highways, where a design professional is determined to be a joint tortfeasor along with one or more other joint tortfeasors, and the degree of negligence of the design professional is ten per cent or less, including the vicarious liability of the design professional for the negligent acts or omissions of the officers and employees of the design professional, the liability of the design professional for more than the design professional's pro rata share of negligence shall not exceed the available policy limits of the design professional's professional liability coverage; provided that one of the following applies:
(1) The contract amount for design professional services relating to the tort claim is $500,000 or less and the design professional is covered for the claim by a professional liability insurance policy with limits of no less than $1,000,000 per occurrence and $1,000,000 in the aggregate; or
(2) The contract amount for design professional services relating to the tort claim is $1,000,000 or less and the design professional is covered for the claim by a professional liability insurance policy with limits of no less than $1,000,000 per occurrence and $2,000,000 in the aggregate.
If a design professional's liability is limited as described in this section, then the other joint tortfeasors shall only be jointly and severally liable for that portion of the degree of negligence not attributable to the design professional, to the degree otherwise authorized by law and not exempt under section 663-10.9."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Joint and Several Liability; Limitation; Joint Tortfeasors
Description:
Limits joint liability for other joint tortfeasors when a design professional's liability for tort claims relating to highways to that portion of negligence not attributable to the design professional.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
