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Intellectual Property Insurance in Hawaii

Hawaii’s trade-secret statute protects information only when it has independent economic value from not being generally known or readily ascertainable and the owner uses reasonable secrecy measures. The statute displaces conflicting civil misappropriation remedies but expressly preserves contractual remedies, so technology companies should review both their secrecy controls and confidentiality or license agreements when assessing IP-insurance needs. 1,2

What Is Intellectual Property?

Intellectual property insurance comes in two separate parts: defense, when you're accused of infringing a patent, trademark or copyright, and enforcement, when you pursue someone who copied yours. A defense-only quote doesn't pay for your own lawsuit, so ask for each part you need. Read the national Intellectual property guide.

What to Watch for in Hawaii

  • Document Reasonable Secrecy Measures

    Hawaii’s definition requires both economic value from secrecy and reasonable efforts to maintain it. Keep access controls, confidentiality terms, and records of who receives source code, methods, or customer compilations; ask the broker how the application treats alleged trade-secret misappropriation and known disputes. 1

  • Separate Contract Claims From Misappropriation

    Hawaii displaces conflicting civil remedies for trade-secret misappropriation but leaves contractual remedies intact, whether or not they rest on a trade-secret claim. List license, development, and confidentiality agreements for the broker and ask how the policy treats contractual IP indemnity and related allegations. 2

  • Map The Operating Entity And Information

    The statute’s “person” definition includes corporations, partnerships, governments, and other legal or commercial entities, while its secret test turns on information and secrecy efforts. Identify which Hawaii entity owns each software, process, or data asset and which entity signs customer contracts before comparing named-insured wording. 1,2

Who Regulates Insurance in Hawaii

Hawaiʻi Insurance Division

The Insurance Division oversees insurance companies and producers, examines Hawaiʻi-based insurers, reviews rate and policy filings, and investigates insurance complaints. It is part of the Department of Commerce and Consumer Affairs. 3,4,5

Surplus-lines tax and stamping office

Reported tax rate: 4.68% of premium when Hawaiʻi is the home state Hawaiʻi applies a 4.68% tax when it is the insured’s home state. Surplus-lines coverage is placed with an unauthorized insurer, so do not assume the Hawaiʻi Insurance Guaranty Association protects the policy; confirm the insurer’s status and policy terms with your broker. 6,7

Providers With Documented State Licenses

No provider in Spot’s research documents both a state license record and this coverage line. This does not establish that providers are unlicensed. Check the regulator’s license lookup and confirm availability with a provider when requesting a quote.

Questions to Ask Before You Buy in Hawaii

  1. Which Hawaii entity owns each trade secret and signs the license, development, and customer-indemnity agreements?
  2. How does the proposed policy treat a demand that alleges both trade-secret misuse and breach of a confidentiality or license contract?
  3. What evidence of reasonable secrecy measures should we retain for the software, process, and customer information listed in the application?

Intellectual Property in Hawaii: FAQ

What qualifies as a trade secret in Hawaii? 1

Information qualifies only if it derives independent economic value from not being generally known or readily ascertainable and is subject to reasonable efforts to maintain secrecy. 1

Does Hawaii’s trade-secret law eliminate contract claims? 2

No. Hawaii’s statute displaces conflicting civil remedies for trade-secret misappropriation but expressly preserves contractual remedies, whether or not they are based on misappropriation. 2

Intellectual Property in Other States

Other Coverage in Hawaii

Sources

  1. Hawaii Revised Statutes §482B-2, Definitions. Hawaii State Legislature; “Person,” “misappropriation,” and “trade secret” definitions. Accessed 2026-09-28.
  2. Hawaii Revised Statutes §482B-8, Effect on Other Law. Hawaii State Legislature; Subsections (a)-(b), remedies displaced and preserved. Accessed 2026-09-28.
  3. Insurance Division. Hawaiʻi Department of Commerce and Consumer Affairs; Official division homepage; scope, license search, complaints, contact information. Accessed 2026-09-28.
  4. Insurance Licenses and Registrations. Hawaiʻi Insurance Division; Insurance license information; links to state-based system for license applications and status. Accessed 2026-09-28.
  5. Filing a Complaint. Hawaiʻi Insurance Division; Online complaint form and published consumer phone. Accessed 2026-09-28.
  6. Surplus Lines Tax. Hawaiʻi Insurance Division; 4.68% rate and home-state application under HRS § 431:8-315. Accessed 2026-09-28.
  7. HRS § 431:16-105: Definitions. Hawaiʻi Legislature; Defines a member insurer as an insurer licensed or holding a certificate of authority in Hawaiʻi; cross-read with HRS § 431:8-102 and § 431:8-301 for unauthorized surplus-lines placements. Accessed 2026-09-28.
  8. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  9. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  10. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  11. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  12. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  13. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  14. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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