Case Notes
In the context of the Hawaii workers' compensation scheme, a physician is an incidental beneficiary rather than an intended third-party beneficiary of the employer's workers' compensation insurance policy; thus, as physician was not an intended third-party beneficiary of insurer's insurance policy, physician did not have a cause of action in tort for bad faith against insurer. 114 H. 122 (App.), 157 P.3d 561 (2007).
§386-126 Insolvency of employer not to release insurance carrier. Every policy and contract shall contain a provision to the effect that the insolvency or bankruptcy of the employer and the employer's discharge therein shall not relieve the insurance carrier from the payment of compensation for an injury suffered by a covered employee during the life of the policy or contract. [L 1963, c 116, pt of §1; Supp, §97-125; HRS §386-126; gen ch 1985]
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