Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 8 - FINANCIAL RESPONSIBILITY › Section 11-280.1-97 - Insurance and risk retention group coverage

Current through June, 2024
(a) An owner or
				  operator may satisfy the requirements of section 11-280.1-93 by obtaining
				  liability insurance that conforms to the requirements of this section from a
				  qualified insurer or risk retention group. Such insurance may be in the form of
				  a separate insurance policy or an endorsement to an existing insurance
				  policy.
(b) Each insurance policy
				  must be amended by an endorsement worded as specified in paragraph (1) or
				  evidenced by a certificate of insurance worded as specified in paragraph (2),
				  except that instructions in brackets must be replaced with the relevant
				  information and the brackets deleted:
(1)
				  ENDORSEMENT
Name: [name of each covered location]
Address: [address of each covered location]
Policy Number:
Period of Coverage: [current policy period]
Name of [Insurer or Risk Retention Group]:
Address of [Insurer or Risk Retention Group]:
Name of Insured:
Address of Insured:
Endorsement:
1.
				  This endorsement certifies that the policy to which the endorsement is attached
				  provides liability insurance covering the following underground storage tanks:
[List the number of tanks at each facility and the name(s)
					 and address(es) of the facility(ies) where the tanks are located. If more than
					 one instrument is used to assure different tanks at any one facility, for each
					 tank covered by this instrument, list the tank identification number provided
					 in the notification submitted pursuant to section
					 342L-30,
					 Hawaii Revised Statutes, or
					 40 C.F.R. section
					 280.22, or in the permit applications
					 submitted under sections 11-280.1-324 and 11-280.1-326, Hawaii Administrative
					 Rules, and the name and address of the facility.] for [insert: "taking
					 corrective action" and/or "compensating third parties for bodily injury and
					 property damage caused by" either "sudden accidental releases" or "nonsudden
					 accidental releases" or "accidental releases"; in accordance with and subject
					 to the limits of liability, exclusions, conditions, and other terms of the
					 policy; if coverage is different for different tanks or locations, indicate the
					 type of coverage applicable to each tank or location] arising from operating
					 the underground storage tank(s) identified above.
The limits of liability are [insert the dollar amount of
					 the "each occurrence" and "annual aggregate" limits of the Insurer's or Group's
					 liability; if the amount of coverage is different for different types of
					 coverage or for different underground storage tanks or locations, indicate the
					 amount of coverage for each type of coverage, and/or for each underground
					 storage tank or location], exclusive of legal defense costs, which are subject
					 to a separate limit under the policy. This coverage is provided under [policy
					 number]. The effective date of said policy is [date].
2. The insurance afforded with respect to
				  such occurrences is subject to all of the terms and conditions of the policy;
				  provided, however, that any provisions inconsistent with subsections (a) to (e)
				  of this paragraph are hereby amended to conform with subsections (a) to (e);
a. Bankruptcy or insolvency of the insured
				  shall not relieve the ["Insurer" or "Group"] of its obligations under the
				  policy to which this endorsement is attached.
b. The ["Insurer" or "Group"] is liable for
				  the payment of amounts within any deductible applicable to the policy to the
				  provider of corrective action or a damaged third-party, with a right of
				  reimbursement by the insured for any such payment made by the ["Insurer" or
				  "Group"]. This provision does not apply with respect to that amount of any
				  deductible for which coverage is demonstrated under another mechanism or
				  combination of mechanisms as specified in sections 11-280.1-95 to 11-280.1-102
				  and sections 11-280.1-104 to 11-280.1-107, Hawaii Administrative
				  Rules.
c. Whenever requested by the
				  Hawaii director of health, the ["Insurer" or "Group"] agrees to furnish to the
				  Hawaii director of health a signed duplicate original of the policy and all
				  endorsements.
d. Cancellation or
				  any other termination of the insurance by the ["Insurer" or "Group"], except
				  for non-payment of premium or misrepresentation by the insured, will be
				  effective only upon written notice and only after the expiration of sixty days
				  after a copy of such written notice is received by the insured. Cancellation
				  for nonpayment of premium or misrepresentation by the insured will be effective
				  only upon written notice and only after expiration of a minimum of ten days
				  after a copy of such written notice is received by the insured.
[Insert for claims-made policies:
e. The insurance covers claims otherwise
				  covered by the policy that are reported to the ["Insurer" or "Group"] within
				  six months of the effective date of cancellation or non-renewal of the policy
				  except where the new or renewed policy has the same retroactive date or a
				  retroactive date earlier than that of the prior policy, and which arise out of
				  any covered occurrence that commenced after the policy retroactive date, if
				  applicable, and prior to such policy renewal or termination date. Claims
				  reported during such extended reporting period are subject to the terms,
				  conditions, limits, including limits of liability, and exclusions of the
				  policy.]
I hereby certify that the wording of this instrument is
					 identical to the wording in section 11-280.1-97(b)(1), Hawaii Administrative
					 Rules, and that the ["Insurer" or "Group"] is ["licensed to transact the
					 business of insurance or eligible to provide insurance as an excess or surplus
					 lines insurer in the State of Hawaii"].
[Signature of authorized representative of Insurer or Risk
					 Retention Group]
[Name of person signing]
[Title of person signing]. Authorized Representative of
					 [name of Insurer or Risk Retention Group]
[Address of Representative]