Media Liability in Hawai‘i

Hawai‘i’s Public Expression Protection Act covers certain claims based on communications in government proceedings and constitutionally protected press or speech on matters of public concern. A motion may be filed within 60 days after service, usually staying related proceedings. The statute excludes some claims arising from selling goods or services, while expressly saying those terms do not include journalistic work. For publishers, the challenged communication and its relationship to any sale deserve separate review.

What Is Media Liability Insurance?

Media liability can help pay defense costs for claims about content you create or distribute, such as allegations of defamation or infringement. Consider it if you publish or produce content for your business or clients; match the quote to each activity. Read the national Media liability guide.

What Should You Watch for With Media Liability Insurance in Hawaii?

  • Journalism and sales are treated separately

    The Act excludes a claim arising from a seller’s communication about its sale of goods or services, but defines goods and services not to include journalistic work. Ask counsel to classify the particular challenged material and transaction; do not assume every publisher communication is either protected editorial content or excluded commercial speech. 1,6

  • Short motion window and pause

    A party generally has 60 days after service of a covered pleading to file a special motion to dismiss, with later filing possible for good cause. Related proceedings and discovery are stayed through the ruling and appeal period, subject to limited discovery and specified exceptions. 2,6

  • Motion outcomes can carry fees

    The court must dismiss with prejudice when the movant establishes the Act applies, the respondent does not establish an exclusion, and the claim lacks a prima facie showing or fails under the statute’s other stated tests. A prevailing movant receives motion-related fees and costs; a respondent does only if the motion was frivolous or filed solely to delay. 3,4

  • Track when a claim accrues

    Hawai‘i sets a two-year filing period for libel and slander. The statute’s case notes state that defamation accrues when the person discovers or reasonably should have discovered the publication. Preserve publication and discovery dates for counsel to assess; the statute does not itself resolve every accrual dispute. 5

Which Media Liability Insurance Providers Have Hawaii License Records?

These providers publish a national listing for Media liability; the license records below name the licensed entities and roles. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Hawaii. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • Coalition

    Insurance producer, Surplus-lines broker · checked 2026-09-28

    Coalition Insurance Solutions, Inc.

    Coalition’s license page lists producer and surplus-lines licenses for Coalition Insurance Solutions, Inc. in all 50 states and the District of Columbia. The page separately lists insurers; this record covers the brokerage entity only. 13

    Coalition identifies media liability within its Active Cyber policy.

  • Corgi

    Insurance producer · checked 2026-09-28

    Corgi Insurance Services, Inc.

    Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. 14

    Corgi lists media liability insurance among its coverage offerings.

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. 7,8,9

Surplus-Lines Tax and Stamping Office in Hawaii

Reported tax rate. 4.68% of premium when Hawaiʻi is the home state 10,11

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.

What Should You Ask Before Buying Media Liability Insurance in Hawaii?

  1. Which of our work—reporting, commentary, sponsored content, subscriptions, or advertising—should the broker review separately against the proposed media policy?
  2. How would defense-cost advancement, counsel selection, and consent work if a special motion to dismiss is filed within 60 days?
  3. What publication, correction, and discovery records should we retain to help counsel evaluate a potential claim and its timing?

Media Liability Insurance in Hawaii: Frequently Asked Questions

Does the Act cover every claim against a news publisher?

No. It covers specified communications and constitutional expression on public concerns, and it contains express exclusions, including some sales-related claims. A lawyer must assess the actual claim and communication. 1,6

Does the 60-day motion period change what an insurance policy covers?

No. It is a litigation deadline. Ask the broker to explain the proposed policy’s reporting, defense-cost, and consent terms for a claim that triggers an early motion. 2

Media Liability Insurance Guides for Other States

Other coverage in HawaiiEvery coverage guide for Hawaii, plus the regulator and surplus-lines details.

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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