HAR §11-280.1-97
HAR §11-280.1-97. received by the insured
Cite as Haw. Code R. § 11-280.1-97
(Insert for claims-made policies:
e.
The insurance covers claims otherwise
covered by the policy that are reported
to the ("Insurer u or "Groupu] within
six months of the effective date of
cancellation or non-renewal of the
policy except where the new or renewed
policy has the same retroactive date or
a retroactive date earlier than that of
the prior policy, and which arise out
of any covered occurrence that
commenced after the policy retroactive
date, if applicable, and prior to such
policy renewal or termination date.
Claims reported during such extended
reporting period are subject to the
terms, conditions, limits, including
limits of liability, and exclusions of
the policy.]
I hereby certify that the wording of
this instrument is identical to the wording
in section 11-280 .1-97 (b) ( 1), Hawaii
Administrative Rules, and that the
["Insureru or "Group"] is ["licensed to
transact the business of insurance or
eligible to provide insurance as an excess
or surplus lines insurer in the State of
Hawaii"].
[Signature of authorized representative of
Insurer or Risk Retention Group]
[Name of person signing]
[Title of person signing], Authorized
Representative of [name of Insurer or Risk
Retention Group]
[Address of Representative]
(2)
CERTIFICATE OF INSURANCE
Name:
[name of each covered location]
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§11-280.1-97
Address: [address of each covered location]
Policy Number:
Endorsement (if applicable):
Period of Coverage: [current policy period]
Name of [Insurer or Risk Retention Group]:
Address of [Insurer or Risk Retention
Group]:
Name of Insured:
Address of Insured:
Certification:
1.
[Name of Insurer or Risk Retention
Group], [the "Insureru or "Group"], as
identified above, hereby certifies that it
has issued liability insurance covering the
following underground storage tank(s):
[List the number of tanks at each
facility and the narne(s) and address(es) of
the facility(ies) where the tanks are
located.
If more than one instrument is
used to assure different tanks at any one
facility, for each tank covered by this
instrument, list the tank identification
number provided in the notification
submitted pursuant to section 3421-30,
Hawaii Revised Statutes, or 40 C.F.R.
section 280.22, or in the permit
applications submitted under sections
11-280.1-324 and 11-280.1-326, Hawaii
Administrative Rules, and the name and
address of the facility.] for [insert:
"taking corrective actionu and/or
"compensating third parties for bodily
injury and property damage caused byu either
"sudden accidental releasesu or "nonsudden
accidental releases" or "accidental
releasesu; in accordance with and subject to
the limits of liability, exclusions,
conditions, and other terms of the policy;
if coverage is different for different tanks
or locations, indicate the type of coverage
280.1-121
§11-280.1-97
applicable to each tank or location] arising
from operating the underground storage
tank(s) identified above.
The limits of liability are [insert the
dollar amount of the "each occurrence" and
"annual aggregaten limits of the Insurer's
or Group's liability; if the amount of
coverage is different for different types of
coverage or for different underground
storage tanks or locations, indicate the
amount of coverage for each type of coverage
and/or for each underground storage tank or
location], exclusive of legal defense costs,
which are subject to a separate limit under
the policy.
This coverage is provided under
[policy number].
The effective date of said
policy is [date].
2.
The ["Insureru or "Group"] further
certifies the following with respect to the
insurance described in Paragraph 1:
a.
Bankruptcy or insolvency of the insured
shall not relieve the ["Insurer" or
"Group"] of its obligations under the
policy to which this certificate
applies.
b.
The ["Insureru or "Group"] is liable
for the payment of amounts within any
deductible applicable to the policy to
the provider of corrective action or a
damaged third-party, with a right of
reimbursement by the insured for any
such payment made by the ["Insurer" or
"Group"].
This provision does not
apply with respect to that amount of
any deductible for which coverage is
demonstrated under another mechanism or
combination of mechanisms as specified
in sections 11-280.1-95 to 11-280.1-102
and 11-280.1-104 to 11-280.1-107,
Hawaii Administrative Rules.
c.
Whenever requested by the Hawaii
director of health, the ["Insurer" or
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§11-280.1-97
"Group"] agrees to furnish to the
director a signed duplicate original of
the policy and all endorsements.
d.
Cancellation or any other termination
of the insurance by the ["Insurer" or
"Group"], except for non-payment of
premium or misrepresentation by the
insured, will be effective only upon
written notice and only after the
expiration of sixty days after a copy
of such written notice is received by
the insured.
Cancellation for non
payment of premium or misrepresentation
by the insured will be effective only
upon written notice and only after
expiration of a minimum of ten days
after a copy of such written notice is
received by the insured.
[Insert for claims-made policies:
e.
The insurance covers claims otherwise
covered by the policy that are reported
to the ["Insurern or "Groupn ] within
six months of the effective date of
cancellation or non-renewal of the
policy except where the new or renewed
policy has the same retroactive date or
a retroactive
date earlier than that
of the prior policy, and which arise
out of any covered occurrence that
commenced after the policy retroactive
date, if applicable, and prior to such
policy renewal or termination date.
Claims reported during such extended
reporting period are subject to the
terms, conditions, limits, including
limits of liability, and exclusions of
the pol icy.]
I hereby certify that the wording of
this instrument is identical to the wording
in section 11-280.1-97 (b) (2), Hawaii
Administrative Rules, and that the
280.1-123
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I...
§11-280.1-97
["Insurer" or "Group"] is ["licensed to
transact the business of insurance, or
eligible to provide insurance as an excess
or surplus lines insurer, in the State of
Hawaii"].
[Signature of authorized representative of
Insurer]
(Type Name]
[Title], Authorized Representative of [name
of Insurer or Risk Retention Group]
[Address of Representative]
(c)
Each insurance policy must be issued by an
insurer or a risk retention group that, at a minimum,
is licensed to transact the business of insurance or
eligible to provide insurance as an excess or surplus
lines insurer in the State of Hawaii.
[Eff 7/15/18;
comp 1/17/20; comp 7/8/21; comp MAR 212025
]
(Auth:
HRS §§3421-3, 3421-36)
(Imp:
HRS §§342L-3,
342L-36)