Can I require customers to sign liability waivers in Hawaii? What are the requirements?

Here is the response to your query:

Liability Waivers in Hawaii

In Hawaii, businesses can require customers to sign liability waivers, but there are certain requirements that must be met to ensure the waiver is enforceable.

According to HIAR 16-23-25, the commissioner may require any self-insurer to provide evidence of excess liability insurance in a licensed insurer in an amount the commissioner finds appropriate in light of such factors as the exposure, the number of vehicles involved, and the financial condition of the self-insurer. This means that businesses may need to provide evidence of excess liability insurance to the commissioner in order to require customers to sign liability waivers.

Additionally, HIRS 431:10C-602 states that an applicant for self-insurance shall furnish the commissioner satisfactory proof of the applicant’s solvency and financial ability to timely pay benefits and amounts as would be payable if the applicant were insured under this article. The commissioner shall consider the assets, liabilities, profit, loss records, and liquidity of the applicant, the number of vehicles involved, the exposure, and other factors appropriate to determining whether the applicant qualifies as a self-insurer. This means that businesses must provide proof of their financial ability to pay benefits and amounts as would be payable if the applicant were insured under this article.

Liability of person assisting unauthorized insurer

According to HIRS 431:8-204, any person who assisted or in any manner aided directly or indirectly in the procurement of an insurance contract with an unauthorized insurer and who knew or should have known the transaction was illegal shall be liable to the insured for the full amount of the claim or loss in the manner provided by the provisions of the insurance contract. This means that businesses should ensure that they are working with authorized insurers to avoid liability.

Conclusion

In summary, businesses in Hawaii can require customers to sign liability waivers, but they must provide evidence of excess liability insurance and proof of their financial ability to pay benefits and amounts as would be payable if the applicant were insured under this article. It is important to ensure that these requirements are met to ensure the waiver is enforceable. Additionally, businesses should ensure that they are working with authorized insurers to avoid liability.

Jurisdiction

Hawaii

• General