Any covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair or maintenance of a building, structure, appurtenance or appliance, including moving, demolition or excavation connected therewith, purporting to indemnify the promisee against liability for bodily injury to persons or damage to property caused by or resulting from the sole negligence or wilful misconduct of the promisee, the promisee's agents or employees, or indemnitee, is invalid as against public policy, and is void and unenforceable; provided that this section shall not affect any valid workers' compensation claim under chapter 386 or any other insurance contract or agreement issued by an admitted insurer upon any insurable interest under this code.
Haw. Rev. Stat. § 431:10-222
Construction industry; indemnity agreements invalid
Known as the Insurance Code
The act spans §§ 431–431 (1,434 sections).
Applied in 1 court decision — leading case Aetna Casualty & Surety Co. v. Marion Equipment Co. (1995)
Most recently applied in Aetna Casualty & Surety Co. v. Marion Equipment Co. (May 1995)
L 1987, c 347, pt of §2
Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.