(a) Upon a decision by the design claim conciliation panel finding for the design professional pursuant to section 672B-9(a), the design professional may apply to the panel for expungement of all records of the related proceedings. The panel shall expunge all records if a majority of the panel finds that the complaint is fraudulent or frivolous.

Terms Used In Hawaii Revised Statutes 672B-10

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Design professional: means a professional engineer, architect, surveyor, or landscape architect licensed under chapter 464. See Hawaii Revised Statutes 672B-1
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(b) No insurer providing professional liability insurance for a design professional shall increase any premium rate for the design professional on the basis of the filing of a tort claim against the design professional that is determined by the design claim conciliation panel to be fraudulent or frivolous.

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