HI · rules
Haw. Sup. Ct. R. 10.7
Subrogation for reimbursement made
(a) Subrogation; legal action by Fund. If reimbursement is granted, the Fund shall be subrogated in the amount of the reimbursement and the trustees may bring such action as is deemed advisable against the attorney, the attorney’s assets or the attorney’s estate. The action may be brought either in the name of the claimant or in the name of the Fund. The claimant shall be required to execute a subrogation agreement. Upon commencement of an action by the trustees under subrogation rights, the trustees shall advise the reimbursed claimant, who may then join in such action to pursue a claim for the claimant’s loss in excess of the amount of the reimbursement from the Fund.
(b) Direct action by claimant. The claimant may bring an action for recovery of unreimbursed losses directly against the attorney, the attorney’s assets or the attorney’s estate if the trustees have not done so within six months of execution of the subrogation agreement.
(c) Claimant’s right to amounts in excess of subrogated amount. Any amounts recovered from the attorney, either by the Fund or by the claimant, in excess of the amount to which the Fund is subrogated, less the Fund’s actual costs of such recovery, shall be paid to or retained by the claimant as the case may be.
(d) Written agreement by claimant prior to receipt of payments. Before receiving a payment from the Fund, the claimant shall execute and deliver to the trustees a written agreement stating that if the claimant or the claimant’s estate should ever receive any restitution from the attorney or the attorney’s estate, the claimant shall agree to repay to the Fund (up to the amount of the original reimbursement from the Fund) that amount by which the original reimbursement from the Fund plus the present restitution from the attorney or the attorney’s estate exceeds the claimant’s actual loss, as that actual loss is or was determined by the trustees.
(Added July 29, 1981, effective July 29, 1981; renumbered September 1984; amended February 7, 1992, effective February 7, 1992.)
Provenance
- Source
- www.courts.state.hi.us
- Retrieved
- 2026-10-02
- Edition
- supplied-hi-22-2026-07-21
- Content hash
01ada04de7f0055de8d14276536a5a687af5ee8870cf399a6f003e1c50c25335
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