Bill > SB1166

This bill allows the Hawaii Property Insurance Association (HPPA), the Hawaii Hurricane Relief Fund (HHRF), and private insurers to sue "responsible parties" for costs incurred due to climate disasters and extreme weather events that are linked to climate change. A "responsible party" is defined as any entity that engaged in misleading practices about the connection between their fossil fuel products and climate change. The bill establishes a new legal cause of action for these insurers to recover "qualifying damages," which are defined as claim payments made to policyholders for losses from climate-related events. It also mandates that the HPPA must factor any money recovered from these lawsuits into its insurance rates. The bill specifies that these lawsuits can be filed within three years of discovering an injury and that responsible parties are jointly, severally, and strictly liable for damages. Importantly, the bill lists numerous defenses that responsible parties cannot use, such as ignorance of the law or reliance on previous court decisions. The bill also clarifies that it does not limit existing laws or remedies related to climate change and its impacts. The effective date of this bill is July 1, 3000.