THE SENATE

S.B. NO.

1423

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to flood insurance.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 431, Hawaii Revised Statutes, is amended by adding a new section to article 10E to be appropriately designated and to read as follows:

     "§431:10E-    Flood insurance; coverage outside of flood zone.  (a)  Any insurer that offers flood insurance within this State shall make available coverage under the same terms and conditions, including cost, to properties that are located outside of designated flood zones as is available to properties located within designated flood zones; provided that the property located outside of a designated flood zone has experienced at least one documented flood:

     (1)  That resulted in damages of at least $           to real or personal property;

     (2)  That was catalyzed by a natural event; and

     (3)  Where damage to real or personal property was exacerbated by natural or man-made geographic or topographical features, or infrastructure, that was not installed, maintained, or controlled by the owner of the insured property.

     (b)  Nothing in this section shall preclude recovery by an individual or an insurer from a person or entity, including a state, county, or federal government department or agency, found to be liable for damages to an insured property by reason of that person's installation, ownership, maintenance, or control of a geographic or topographical feature, or infrastructure."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2011.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Flood Insurance

 

Description:

Requires insurers to make available flood insurance covering real and personal property under the same terms and conditions to properties located outside of designated flood zones as is available to properties located inside of designated flood zones; authorizes recovery for damages from a responsible party.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.