Hawaii Administrative Rules
Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Chapter 7 - HAWAII MEDICAL MALPRACTICE UNDERWRITING PLAN
Subchapter 2 - THE PLAN
Section 16-7-11 - Indemnification

Universal Citation: HI Admin Rules 16-7-11

Current through August, 2024

(a) Any person or member made a party to any action, suit, or proceeding because the person or member:

(1) Serves or served on the board of directors or a committee of the plan; or

(2) Is or was an officer or employee of the plan, except for the insurance commissioner and the insurance commissioner's representatives,

shall be indemnified by the plan against all costs (including the amounts of judgments and interest thereon, settlements, fines, or penalties) and expenses incurred in connection with the action, suit, or proceeding; provided such indemnification shall not be provided on any matter in which the person or member shall be finally adjudged in any such action, suit, or proceeding to have committed a breach of duty involving bad faith, dishonesty, wilful misfeasance or reckless disregard of the person's responsibilities. Indemnification shall be provided only if the plan is advised by its counsel that the person or member to be indemnified did not in counsel's opinion commit such a breach of duty.

(b) The indemnification shall be paid for by the members, each contributing in accordance with section 16-8-3.

(c) This section is intended to operate as a supplement and additional safeguard to, and not in place of, the immunity granted by section 435C-8, HRS.

Disclaimer: These regulations may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.