(a) This section applies to an action where:

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Terms Used In Hawaii Revised Statutes 661-11

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(1) The State is a party defendant;
(2) The subject matter of the claim is covered by a primary insurance policy entered into by the State or any of its agencies; and
(3) Chapter 662 does not apply.

No defense of sovereign immunity shall be raised in an action under this section. However, the State’s liability under this section shall not exceed the amount of, and shall be defrayed exclusively by, the primary insurance policy.

(b) An action under this section shall not be subject to §§ 661-1 to 661-10.

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