The "named insured" in the majority of car insurance policies, which are listed on the car insurance declaration documents is designated with the terms "you" and "your". In the case of Hawaii personal automobile insurance policies, the "named insured" is almost always a person or persons. It is more complicated when trying to determine the "named insured" in a business automobile or Hawaii commercial automobile insurance policy. When a corporation is a "named insured" only the corporation itself is considered to be the class one insured.
In the majority of car insurance policies before January 1, 1998 the term "family member" was defined as "a person related by blood, marriage or adoption who is a resident of your household. This includes a ward or foster child." However, in Hawaii, most car insurance policies changed their definitions of "family member" after January 1, 1998. Now most insurance policies state: "Family member means a person who is a resident of your household and either: 1. Registered with the Director of Health as a reciprocal beneficiary; or 2. Is related to you by blood, marriage or adoption."
The changes made by most car insurance policies regarding the definition of "family member" is to follow the changes to the Hawaii Motor Vehicle Insurance Law, effective on January 1, 2011. The new law states: "1. The person identified by name as insured in a motor vehicle insurance policy complying with section 431:10C-301; and 2. While residing in the same household with a named insured, the following persons not identified by name as an insured in any other contract of motor vehicle insurance policy complying with this article: A. A spouse or reciprocal beneficiary or other relative of a named insured, and B. A minor in the custody of a named insured or a relative residing in the same household with a named insured.
Please contact the Law Offices of David W. Barlow, to further discuss the application of auto insurance laws to your specific situation. We offer free consultations and we never charge attorney fees until you are compensated for your injuries.