§392-48 The insurance contract. Every policy of insurance issued by an insurer of an employer pursuant to this chapter which covers the liability of the employer for temporary disability benefits shall cover the entire liability of the employer to the employer's employees covered by the policy or contract, and also shall contain a provision setting forth the right of the employees to enforce in their own names either by filing a separate claim or by making the insurer a party to the original claim, the liability of the insurer in whole or in part for the payment of the disability benefits. Payment in whole or in part of disability benefits by either the employer or the insurer shall, to the extent thereof, be a bar to the recovery against the other of the amount so paid.
All insurance policies shall be approved by the insurance commissioner of the State. [L 1969, c 148, pt of §1; gen ch 1985]
Structure Hawaii Revised Statutes
Title 21. Labor and Industrial Relations
392. Temporary Disability Insurance
392-6 Individual in current employment.
392-21 Establishment of temporary disability benefits.
392-21.5 Proceedings to determine employment and coverage.
392-23 Duration of benefit payments.
392-25 Eligibility for benefits.
392-26 Care by physician, advanced practice registered nurse, or equivalent required.
392-27 Ineligibility in certain cases.
392-28 Duplication of benefits not permitted.
392-29 No assignment of benefits; exemptions from attachment, etc.
392-41 Provision for payment of benefits.
392-42.5 Insurer's requirements; failure to maintain a claims service office; penalty; injunction.
392-43 Authority to withhold contributions, rate of contribution, maximum weekly wage base.
392-43.5 Payments of premium for ineligible employees not permitted.
392-44 Payment of disability benefits.
392-46 Subrogation rights against third parties.
392-47 Failure to give security for payment of benefits; penalty; injunction.
392-48 The insurance contract.
392-49 Insolvency of employer not to release insurer.
392-50 Cancellation of insurance contracts.
392-51 Failure to submit timely wage and employment information.
392-52 Disposition of accrued benefits where insurer is unable to locate employee.
392-61 Establishment of trust fund for disability benefits.
392-62 Management of the fund.
392-63 Disbursements from the fund.
392-66 Disability while unemployed.
392-67 Assessments for the trust fund for disability benefits.
392-68 Failure to pay assessments.
392-69 Request for wage and employment information
392-72 Appeals, filing, and hearing.
392-74 Conclusiveness of determinations and decisions.
392-78 Recovery of benefits paid; individual's liability to repay benefits; insurer's appeal rights.
392-80 Appeal pending when reconsideration issued.
392-81 Notice of reconsideration.
392-86 Disputes between employers and employees relating to withholding of wages.