(a) Except as provided in subsection (b), if any provision of this article or its application to any person or circumstance is held unconstitutional, the remainder of this article and the application of such provision to other persons or circumstances shall not be affected thereby. It shall be conclusively presumed that the legislature would have enacted the remainder of the article without such invalid or unconstitutional provision.
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Terms Used In Hawaii Revised Statutes 431:10C-121

  • Injury: means accidental harm not resulting in death. See Hawaii Revised Statutes 431:10C-103
  • Person: means , when appropriate to the context, not only individuals, but corporations, firms, associations, and societies. See Hawaii Revised Statutes 431:10C-103
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(b) In the event section tort liability” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>431:10C-306(a) to (d) is held constitutionally invalid, then it is the intent of the legislature that the following sections only shall be voided:

(1)431:10C-104;
(2)431:10C-105;
(3)431:10C-120;
(4)injury protection benefits” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>431:10C-303;
(5)431:10C-304; and
(6)431:10C-305.

It shall be conclusively presumed that the legislature would have enacted the remainder of this article without such invalid or unconstitutional provision.

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