Haw. Code R. § 13-231-65

Current through April, 2024

Section 13-231-65 - Insurance requirements

A use permittee issued a commercial use permit or catamaran registration certificate shall, concurrently with the execution of the permit or registration certificate, shall tender to the department a copy of either a comprehensive general liability insurance policy or policies or a protection and indemnity insurance policy, or a certificate of insurance in lieu thereof, evidencing that such policy has been and is in force, with a combined single limit of not less than $500,000 for commercial vessels not authorized to carry passengers and for those authorized to carry not more than six passengers; not less than $500,000 for vessels authorized to carry more than six passengers, but equal to or less than twenty-seven passengers; and not less than $750,000 for vessels authorized to carry more than twenty-seven passengers, for bodily injury and damage to property per occurrence. The specification of limits contained herein shall not be construed in any way to be a limitation on the liability of the permittee or certificate holder for any injury or damage proximately caused by it or for purposes of indemnification of the State of Hawaii. This insurance shall:

(1) Be issued by an insurance company authorized to do business in the State and approved in writing by the department;

(2) Name the State as an additional insured;

(3) Provide that the department shall be notified in writing at least thirty days prior to any termination, cancellation, or material change in insurance coverage;

(4) Cover all injuries, losses, or damages arising from, growing out of, or caused by any acts or omissions of the permittee or certificate holder, its officers, agents, employees, invitees, members, shareholders, subcontractors, or licensees, in connection with the permittee's or certificate holder's activities under the permit or certificate; and

(5) Be maintained and kept in effect at the permittee's or certificate holder's own expense throughout the life of the permit or certificate. The permittee or certificate holder shall submit evidence to the department of renewals or other actions proving that the insurance policy remains in effect as prescribed herein.

Haw. Code R. § 13-231-65

[Eff 2/24/94; am and comp SEP 25 2014] (Auth: HRS §§ 200-2, 200-4, 200-9, 200-10, 200-22, 200-24) (amp: HRS §§ 200-2, 200-4, 200-9, 200-10, 200-22, 200-24)