Hawaii Revised Statutes 431. Insurance Code

ARTICLE 1
DEFINITIONS
PART I. GENERAL PROVISIONS

  • 431:1-100 Short Title.
    This chapter shall be known and may be cited as the Insurance Code. [L 1987, c 347, pt of §2]
  • 431:1-100.5 Purpose.
    The legislature hereby declares that the purpose of this chapter is to recodify, without substantive change, the insurance law in effect immediately prior to...
  • 431:1-101 Compliance Required.
    No person shall transact a business of insurance in this State without complying with the applicable provisions of this code. Any person transacting a...
  • 431:1-102 Public Interest.
    The business of insurance is one affected by the public interest, requiring that all persons be actuated by good faith, abstain from deception and...
  • 431:1-103 Headings.
    The meaning or scope of any provision is not affected by any heading. [L 1987, c 347, pt of §2]
  • 431:1-104 Particular Provisions Prevail.
    Provisions of this code relating to a particular class of insurance or a particular type of insurer or to a particular matter prevail over...
  • 431:1-105 Records, Statements and Reports.
    (a) All records, statements and reports required or authorized by this code shall be made in writing in the English language. (b) All statements,...

PART II. GENERAL DEFINITIONS

  • 431:1-201 Insurance Defined.
    (a) Insurance is a contract whereby one undertakes to indemnify another or pay a specified amount upon determinable contingencies. (b) The following contracts are...
  • 431:1-202 Insurer Defined.
    Insurer means every person engaged in the business of making contracts of insurance and includes reciprocal or interinsurance exchanges. [L 1987, c 347, pt...
  • 431:1-203 Classes of Insurance
    . For the purposes of this code, the classes of insurance are: life insurance (including industrial and group life insurance) as defined in section 431:1-204;...
  • 431:1-204 Life Insurance Defined.
    (a) Life insurance is insurance on human lives and insurance appertaining thereto or connected therewith. (b) For the purposes of this code, the transacting...
  • 431:1-205 Accident and Health or Sickness Insurance Defined
    . Accident and health or sickness insurance, also referred to as disability insurance, is insurance against bodily injury, disablement, or death by accident, or accidental...
  • 431:1-206 Property Insurance Defined.
    Property insurance is insurance against loss of or damage to real or personal property of every kind and any interest therein, from any or...
  • 431:1-207 Marine and Transportation Insurance Defined.
    Marine and transportation insurance is: (1) Insurance against any and all kinds of loss of or damage to: (A) Vessels, craft, aircraft, cars, automobiles,...
  • 431:1-208 Vehicle Insurance Defined.
    (a) Vehicle insurance is insurance against loss of or damage to any land vehicle or aircraft or any draft or riding animal or to...
  • 431:1-209 General Casualty Insurance Defined.
    General casualty insurance includes vehicle insurance as defined in section 431:1-208, and accident and health or sickness insurance as defined in section 431:1-205 when issued...
  • 431:1-210 Surety Insurance Defined.
    Surety insurance includes: (1) Bail bond insurance, which is a guarantee that any person, in or in connection with any proceedings in any court,...
  • 431:1-211 Ocean Marine Insurance Defined.
    Ocean marine insurance (although not a class of insurance as named in section 431:1-203), whenever the term is used in this code, means insurance:...
  • 431:1-212 Person Defined.
    Person means any individual, company, insurer, association, organization, group, reciprocal or interinsurance exchanges, partnership, business, trust, or corporation. [L 1987, c 347, pt of
  • 431:1-213 State Defined.
    State means any state of the United States and the governments of Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, the United States...
  • 431:1-214 United States Defined.
    United States, when used to signify a place, means the states of the United States and the governments of Puerto Rico, American Samoa, Guam,...
  • 431:1-215 Transaction of an Insurance Business.
    Transaction of an insurance business means any of the following acts in this State effected by mail or otherwise by or on behalf of...
  • 431:1-216 General Business Practice.
    General business practice means an established measure or model practiced or used at least three times in one calendar year in the general business...
  • 431:1-217 Insurance Policies Issued to Construction Professionals.
    (a) For purposes of a liability insurance policy that covers occurrences of damage or injury during the policy period and that insures a construction...

ARTICLE 2
ADMINISTRATION OF INSURANCE LAWS
PART I. INSURANCE DIVISION

  • 431:2-101 Insurance Division.
    The insurance division is established within the department of commerce and consumer affairs. [L 1987, c 347, pt of §2]
  • 431:2-102 Insurance Commissioner.
    (a) The insurance division shall be under the supervision and control of an administrator who shall be known as the insurance commissioner. The director...
  • 431:2-103 Salary.
    The salary of the commissioner shall be set by the director of commerce and consumer affairs but shall not be more than the maximum...
  • 431:2-104 Seal.
    The official seal of the commissioner shall be a vignette of King Kamehameha I, with the words "Insurance Commissioner, State of Hawaii" surrounding the...
  • 431:2-105 Deputies, Employees.
    (a) There shall be a chief deputy commissioner, who shall be subject to chapter 76. The chief deputy commissioner shall have the power to...
  • 431:2-105.5 Staff.
    There are established within the insurance division of the department of commerce and consumer affairs six positions for technical staff, and three positions for...
  • 431:2-106 Ethical Requirements for Insurance Division Staff.
    The commissioner, deputies and employees of the insurance division shall not represent, be employed by, own any securities of, be a creditor of, or...
  • 431:2-107 Workers' Compensation Rate Analysis.
    There shall be established within the insurance division a unit to assist the commissioner in workers' compensation insurance rate-filing and rate-making proceedings under article...
  • 431:2-108 Commissioner May Delegate.
    Any power, duty, or function vested in the commissioner by this code may be exercised, discharged, or performed by any employee of the department...
  • 431:2-109 Supplies, Convention Blanks.
    The commissioner shall purchase at the expense of this State and in the manner provided by law: (1) Printing, books, reports, furniture, equipment, and...
  • 431:2-110 Offices.
    The commissioner shall have an office at Honolulu, and may maintain such offices elsewhere in this State as the commissioner may deem necessary. [L...

PART II. POWERS AND DUTIES OF COMMISSIONER

PART III. INVESTIGATIONS, EXAMINATIONS, HEARINGS AND APPEALS

PART IV. INSURANCE FRAUD

  • 431:2-401 Definitions.
    As used in this part: "Branch" means the insurance fraud investigations branch of the insurance division of the department of commerce and consumer affairs....
  • 431:2-402 Insurance Fraud Investigations Branch.
    (a) There is established in the insurance division the insurance fraud investigations branch for the purposes set forth in this part. (b) The branch...
  • 431:2-403 Insurance Fraud.
    (a) A person commits the offense of insurance fraud if the person: (1) Intentionally or knowingly misrepresents or conceals material facts, opinions, intention, or...
  • 431:2-404 Restitution
    . Any person convicted under this part shall be ordered by a court to make restitution to any insurer, person, or licensee for any financial...
  • 431:2-405 Insurance Fraud; Administrative Penalties
    . (a) In addition to or in lieu of criminal penalties under section 431:2-403(b), any person who commits insurance fraud as defined under section 431:2-403,...
  • 431:2-406 Administrative Procedures
    . (a) An administrative penalty may be imposed upon a judgment by a court of competent jurisdiction or upon an order by the commissioner. (b)...
  • 431:2-407 Acceptance of Payment
    . A provider's failure to dispute a reduced payment by an insurer shall not constitute an implied admission that a fraudulent billing was submitted. [L...
  • 431:2-408 Civil Cause of Action for Insurance Fraud; Exemption
    . (a) An insurer or other licensee shall have a civil cause of action to recover payments or benefits from any person who has violated...
  • 431:2-409 Mandatory Reporting
    . (a) Within sixty days of an insurer or other licensee's employee or agent discovering credible information indicating a violation of section 431:2-403, or as...
  • 431:2-410 Deposit Into the Compliance Resolution Fund
    . All moneys that have been recovered by the department of commerce and consumer affairs as a result of prosecuting insurance fraud violations pursuant to...

ARTICLE 2D
MARKET CONDUCT

ARTICLE 3
INSURERS GENERAL REQUIREMENTS
PART I. DEFINITIONS

  • 431:3-101 Alien Insurer.
    An alien insurer is one formed under the laws of a nation other than the United States. [L 1987, c 347, pt of §2]
  • 431:3-102 Capital Funds.
    Capital funds means the excess of the assets of an insurer over its liabilities. Capital stock, if any, shall not be deemed to be...
  • 431:3-103 Charter.
    Charter means articles of incorporation, of agreement, of association, or other basic constituent document of a corporation, or subscribers' agreement and power of attorney...
  • 431:3-104 Domestic Insurer.
    A domestic insurer is one formed under the laws of this State. [L 1987, c 347, pt of §2]
  • 431:3-105 Foreign Insurer.
    A foreign insurer is one formed under the laws of any state, as defined in section 431:1-213, other than this State. [L 1987, c...
  • 431:3-106 Mutual Insurer.
    A mutual insurer means an incorporated insurer without capital stock, the governing body of which is elected by its policyholders. The policyholders, who are...
  • 431:3-107 Reciprocal Insurance.
    Reciprocal insurance means that insurance resulting from the exchange of insurance contracts among subscribers of an unincorporated association, the interexchange being effectuated through an...
  • 431:3-108 Reciprocal Insurer.
    A reciprocal insurer means an unincorporated aggregation of subscribers operating individually and collectively through an attorney-in-fact common to all such persons to provide reciprocal...
  • 431:3-109 Reinsurance.
    Reinsurance means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. In referring...
  • 431:3-110 Stock Insurer.
    A stock insurer is an incorporated insurer with capital stock divided into shares and owned by its stockholders to whom the earnings are distributed...

PART II. CERTIFICATE OF AUTHORITY

PART III. ANNUAL REQUIREMENTS AND LIMITING PROVISIONS

PART IV. RISK-BASED CAPITAL FOR INSURERS

  • 431:3-401 Definitions.
    Part heading amended by L 1997, c 75, §2. Cross References Civil relief for state military forces, see chapter 657D. §431:3-401 Definitions. For purposes...
  • 431:3-402 Risk-Based Capital Reports.
    Part heading amended by L 1997, c 75, §2. Cross References Civil relief for state military forces, see chapter 657D. §431:3-402 Risk-based capital reports....
  • 431:3-403 Company Action Level Event.
    Part heading amended by L 1997, c 75, §2. Cross References Civil relief for state military forces, see chapter 657D. §431:3-403 Company action level...
  • 431:3-404 Regulatory Action Level Event.
    Part heading amended by L 1997, c 75, §2. Cross References Civil relief for state military forces, see chapter 657D. §431:3-404 Regulatory action level...
  • 431:3-405 Authorized Control Level Event.
    Part heading amended by L 1997, c 75, §2. Cross References Civil relief for state military forces, see chapter 657D. §431:3-405 Authorized control level...
  • 431:3-406 Mandatory Control Level Event.
    Part heading amended by L 1997, c 75, §2. Cross References Civil relief for state military forces, see chapter 657D. §431:3-406 Mandatory control level...
  • 431:3-407 Hearing.
    Part heading amended by L 1997, c 75, §2. Cross References Civil relief for state military forces, see chapter 657D. §431:3-407 Hearing. (a) The...
  • 431:3-408 Confidentiality and Prohibition on Announcements; Prohibition on Use in Ratemaking.
    Part heading amended by L 1997, c 75, §2. Cross References Civil relief for state military forces, see chapter 657D. §431:3-408 Confidentiality and prohibition...
  • 431:3-409 Supplemental Provisions; Rules; Exceptions.
    Part heading amended by L 1997, c 75, §2. Cross References Civil relief for state military forces, see chapter 657D. §431:3-409 Supplemental provisions; rules;...
  • 431:3-410 Foreign Insurers.
    Part heading amended by L 1997, c 75, §2. Cross References Civil relief for state military forces, see chapter 657D. §431:3-410 Foreign insurers. (a)...
  • 431:3-411 Severability.
    Part heading amended by L 1997, c 75, §2. Cross References Civil relief for state military forces, see chapter 657D. [§431:3-411] Severability. If any...
  • 431:3-412 Notices.
    Part heading amended by L 1997, c 75, §2. Cross References Civil relief for state military forces, see chapter 657D. [§431:3-412] Notices. All notices...
  • 431:3-413 Phase-In Provision.
    Part heading amended by L 1997, c 75, §2. Cross References Civil relief for state military forces, see chapter 657D. §431:3-413 Phase-in provision. (a)...
  • 431:3-414 Immunity.
    Part heading amended by L 1997, c 75, §2. Cross References Civil relief for state military forces, see chapter 657D. [§431:3-414] Immunity. There shall...

ARTICLE 3A
PRIVACY OF CONSUMER FINANCIAL INFORMATION

  • 431:3a-101 Purpose; Scope; Applicability.
    Personal information protection requirements. L Sp 2008, c 10, §§7 to 15. Cross References Information privacy and security council; personal information security, see §§487N-5...
  • 431:3a-102 Definitions.
    Personal information protection requirements. L Sp 2008, c 10, §§7 to 15. Cross References Information privacy and security council; personal information security, see §§487N-5...

PART II. PRIVACY AND OPT OUT
NOTICES FOR FINANCIAL INFORMATION

PART III. LIMITS ON DISCLOSURES OF
FINANCIAL INFORMATION

PART IV. EXCEPTIONS TO LIMITS ON DISCLOSURES
OF FINANCIAL INFORMATION

PART V. ADDITIONAL PROVISIONS

  • 431:3a-501 Protection of Fair Credit Reporting Act.
    Nothing in this article shall be construed to modify, limit, or supersede the federal Fair Credit Reporting Act, Title 15 United States Code section 1681,...
  • 431:3a-502 Nondiscrimination.
    A licensee shall not unfairly discriminate against any consumer or customer because that consumer or customer has opted out from the disclosure of nonpublic...
  • 431:3a-503 Violation.
    A violation of this article shall be deemed an unfair method of competition or unfair or deceptive trade act or practice in the business...
  • 431:3a-504 Rules.
    The commissioner may adopt rules pursuant to chapter 91 to further the purposes of this article. [L 2001, c 220, pt of §1]

ARTICLE 4
DOMESTIC INSURERS
PART I. ORGANIZATION, POWERS AND SALE OF SECURITIES OF
DOMESTIC INSURERS

PART II. DOMESTIC STOCK INSURERS

PART IIA. PROXIES, CONSENTS, AND AUTHORIZATIONS
OF DOMESTIC STOCK INSURERS

PART III. DOMESTIC MUTUAL INSURERS

  • 431:4-301 Other Articles Applicable.
    The provisions applicable to domestic stock insurers shall apply except where inconsistent with the express provisions of this part. [L 1987, c 347, pt...
  • 431:4-302 Initial Qualifications for Mutual Insurers.
    (a) The commissioner shall not issue a certificate of authority to a domestic mutual insurer unless: (1) It has fully qualified under this code;...
  • 431:4-303 Mutual Property Insurer.
    (a) When applying for a certificate of authority a domestic mutual property insurer must: (1) Have applications from at least one hundred persons for...
  • 431:4-304 Mutual Casualty Insurer.
    (a) When applying for a certificate of authority a domestic mutual insurer proposing to transact casualty insurance, including vehicle insurance, must: (1) Have applications...
  • 431:4-305 Mutual Vehicle Insurer.
    (a) When applying for a certificate of authority, a domestic mutual insurer formed to transact vehicle insurance must: (1) Have applications from at least...
  • 431:4-306 Mutual Life Insurer.
    (a) When applying for a certificate of authority, a domestic mutual life insurer must: (1) Have at least five hundred applications for life insurance,...
  • 431:4-307 Mutual Accident and Health or Sickness Insurer.
    (a) When applying for a certificate of authority, a domestic mutual accident and health or sickness insurer shall: (1) Have at least five hundred...
  • 431:4-308 Membership.
    Each holder of one or more insurance contracts issued by a domestic mutual insurer, other than a contract of reinsurance, is a member of...
  • 431:4-309 Rights of Members.
    (a) A domestic mutual insurer is owned by and shall be operated in the interest of its members. (b) Each member is entitled to...
  • 431:4-310 Bylaws.
    (a) A domestic mutual insurer shall adopt bylaws for the conduct of its affairs. (b) The bylaws, or any modification of the bylaws, shall...
  • 431:4-311 Notice of Annual Meeting.
    (a) Notice of the time and place of the annual meeting of members of a domestic mutual insurer shall be given by imprinting the...
  • 431:4-312 Members Proxies.
    (a) A member of a domestic mutual insurer may vote in person or by proxy given another member on any matter coming before a...
  • 431:4-313 Directors.
    (a) No individual shall be a director of a domestic mutual insurer by reason of the individual's holding public office (i.e. ex officio). (b)...
  • 431:4-314 Limitation on Expenses Incurred in Writing Property and Casualty
    . For any calendar year after its first two full calendar years of operation, no domestic mutual insurer, other than one issuing nonassessable policies, shall...
  • 431:4-315 Violation of Expense Limitation.
    (a) The officers and directors of an insurer violating section 431:4-314 shall be jointly and severally liable to the insurer for any excess of...
  • 431:4-316 Actions on Officers' Salaries.
    No action to recover, or no action on account of, any salary or other compensation due or claimed to be due any officer or...
  • 431:4-317 Contingent Liability of Members.
    (a) Each member of a domestic mutual insurer, except as otherwise provided in this part, shall have a contingent liability, pro rata and not...
  • 431:4-318 Accrual of Liability.
    (a) If at any time the assets of a domestic mutual insurer are less than its liabilities and the minimum surplus, if any, required...
  • 431:4-319 Contingent Liability As Asset.
    Any contingent liability to assessment of members of a domestic mutual insurer does not constitute an asset of the insurer in any determination of...
  • 431:4-320 Lien on Reserves.
    As to life insurance, any portion of an assessment of contingent liability upon a policyholder which remains unpaid following notice of such assessment, demand...
  • 431:4-321 Nonassessable Policies.
    (a) A domestic mutual insurer, after it has established a surplus not less in amount than the minimum capital funds required of a domestic...
  • 431:4-322 Applies to All Policies.
    The commissioner shall not authorize a domestic mutual insurer so to extinguish the contingent liability of any of its members or in any of...
  • 431:4-323 Revocation of Authority.
    (a) The commissioner shall revoke the authority of a domestic mutual insurer to extinguish the contingent liability of its members if: (1) At any...
  • 431:4-324 Dividends.
    (a) The directors of a domestic mutual insurer may from time to time apportion and pay to its members dividends only out of that...
  • 431:4-325 Nonparticipating Policies.
    (a) If its bylaws so provide, a domestic mutual insurer may issue policies not entitled to participate in the insurer's savings and earnings, provided...
  • 431:4-326 Members' Share of Assets.
    (a) Upon the liquidation of a domestic mutual insurer, its assets remaining after discharge of its indebtedness and policy obligations shall be distributed to...

PART IV. RECIPROCAL INSURERS

  • 431:4-401 Application of Other Sections.
    The provisions of article 3, Insurers General Requirements, shall apply except where inconsistent with the express provisions of this article. [L 1987, c 347,...
  • 431:4-402 Scope.
    Except where made expressly applicable to domestic reciprocal insurers, the provisions of this part shall apply to all authorized reciprocal insurers. [L 1987, c...
  • 431:4-403 Insuring Powers of Reciprocals.
    (a) Upon complying with the provisions of this part, a reciprocal insurer, as defined in section 431:3-108, may transact any class or classes of...
  • 431:4-404 Suits.
    A reciprocal insurer shall sue and be sued in its own name. [L 1987, c 347, pt of §2]
  • 431:4-405 Attorney
    . Attorney as used in this part refers to the attorney-in-fact of a reciprocal insurer. The attorney may be an individual, partnership, or corporation. The...
  • 431:4-406 Power of Attorney.
    (a) The rights and powers of the attorney of a reciprocal insurer shall be as provided in the power of attorney given it by...
  • 431:4-407 Modifications.
    Modification of the terms of the subscribers' agreement or of the power of attorney of a domestic reciprocal insurer shall be made jointly by...
  • 431:4-408 Organization of Reciprocal Insurers.
    Twenty-five or more persons domiciled in this State, may organize a domestic reciprocal insurer and, in compliance with this part, make application to the...
  • 431:4-409 Application for Authority; Declaration Required.
    (a) When applying for a certificate of authority, the original subscribers and the proposed attorney shall fulfill the requirements of section 431:3-212, and execute...
  • 431:4-410 Policies Effective.
    Any policy applied for by an original subscriber shall become effective concurrently with the issuance of a certificate of authority to the reciprocal insurer....
  • 431:4-411 Attorney's Bond.
    (a) Concurrently with the filing of the declaration provided for in section 431:4-409, the attorney of a domestic reciprocal shall file with the commissioner...
  • 431:4-412 Deposit in Lieu.
    In lieu of the bond, the attorney may maintain on deposit with the commissioner a like amount in cash or in value of securities...
  • 431:4-413 Actions on Bond.
    Action on the attorney's bond or to recover against any such deposit made in lieu thereof may be brought at any time by one...
  • 431:4-414 Subscribers.
    Any person may make application for, enter into agreement for and hold policies or contracts in or with, and be a subscriber of a...
  • 431:4-415 Subscribers' Advisory Committee.
    (a) The advisory committee of a domestic reciprocal insurer exercising the subscribers' rights shall be selected under such rules as the subscribers adopt. (b)...
  • 431:4-416 Subscriber's Liability.
    (a) The liability of each subscriber subject to assessment for the obligations of the reciprocal insurer shall not be joint, but shall be individual...
  • 431:4-417 Subscriber's Liability on Judgments.
    (a) No action shall lie against any subscriber upon any obligation claimed against the insurer until a final judgment has been obtained against the...
  • 431:4-418 Aggregate Liability.
    No one policy or subscriber as to such policy shall be assessed or be charged with an aggregate of contingent liability as to obligations...
  • 431:4-419 Assessment.
    (a) Assessment may be levied from time to time upon the subscribers of a domestic reciprocal insurer, other than as to nonassessable policies, by...
  • 431:4-420 Time Limit for Assessment.
    Every subscriber of a domestic reciprocal insurer having contingent liability shall be liable for, and shall pay the subscriber's share of any assessment, as...
  • 431:4-421 Nonassessable Policies.
    (a) If a reciprocal insurer has a surplus of assets over all liabilities at least equal to the minimum paid-up capital stock and surplus...
  • 431:4-422 Contributions of Surplus.
    The attorney or other parties may advance to the reciprocal insurer funds as it may require from time to time in its operations. Sums...
  • 431:4-423 Share in Savings.
    A reciprocal insurer may from time to time return to its subscribers any savings or credits accruing to their accounts. Any such distribution shall...
  • 431:4-424 Subscriber's Share of Assets.
    Upon the liquidation of a domestic reciprocal insurer, its assets remaining after discharge of its indebtedness and policy obligations, the return of any contributions...
  • 431:4-425 Repealed.
    L 1989, c 195, §42.

PART V. REORGANIZATION AND CONVERSION OF DOMESTIC INSURERS

ARTICLE 4A
CREDIT FOR REINSURANCE

ARTICLE 4F
STATE OF ENTRY FOR ALIEN INSURERS

ARTICLE 5
FINANCIAL CONDITION
PART I. STANDARDS

PART II. ASSETS AND LIABILITIES

  • 431:5-201 Qualified Assets.
    In any determination of the financial condition of an insurer, only such assets as are owned by the insurer, and which consist of the...
  • 431:5-202 Assets Not Allowed.
    In addition to assets excluded under section 431:5-201, the following shall not be allowed as assets in any determination of the financial condition of...
  • 431:5-203 Liabilities
    . In any determination of the financial condition of an insurer, liabilities to be charged against its assets shall include: (1) The amount of its...
  • 431:5-204 Determining Financial Condition of Reciprocal Insurers.
    In determining the financial condition of a reciprocal insurer, the commissioner shall apply the following rules: (1) The commissioner shall charge as liabilities the...

PART III. RESERVES AND VALUATION

PART IV. RULES

  • 431:5-401 Rules.
    The commissioner may adopt rules under chapter 91 implementing this article. [L 1995, c 232, §5]

ARTICLE 6
INVESTMENTS
PART I. GENERAL PROVISIONS

  • 431:6-101 Definitions Pertaining to Investments.
    (a) For purposes of this article: "Cash" includes cash equivalents. "Cash equivalents" means highly-rated and highly-liquid investments or securities with a remaining term of...
  • 431:6-102 Merged, Reorganized Institutions.
    In applying the earnings test set forth in section 431:6-101 to any such institution, whether or not in legal existence during the whole of...
  • 431:6-103 Eligible Investments; Scope.
    (a) This article shall apply to domestic insurers only. Insurers shall invest in or loan their funds on the security of, and shall hold...
  • 431:6-104 General Qualifications.
    (a) Notwithstanding the provisions of section 431:6-321, no security or other investment shall be eligible for purchase or acquisition under this article unless it...
  • 431:6-105 General Limitations.
    Except as otherwise expressly limited, an insurer shall not have at any time any combination of investments in or loans upon the security of...
  • 431:6-106 Record of Investments.
    (a) As to each investment or loan of the funds of a domestic insurer, a written record in permanent form showing the authorization thereof...

PART II. MANDATORY PROVISIONS

PART III. PERMITTED INVESTMENTS

PART IV. PROHIBITED INVESTMENTS AND LIMITATIONS

PART V. INVESTMENT OF FOREIGN AND ALIEN INSURERS

PART VI. INVESTMENT POOLS

ARTICLE 7
FEES, TAXES AND DEPOSITS
PART I. FEES

PART III. DEPOSITS

  • 431:7-301 Deposits of Insurers.
    (a) The director of finance shall accept, when made through the commissioner, deposits of securities or funds by insurers as follows: (1) Deposits in...
  • 431:7-302 Purpose of Deposit.
    Each deposit shall be held by the director of finance in trust for the protection of all policyholders, obligees, or creditors in the United...
  • 431:7-303 Securities Eligible for Deposit.
    All deposits shall consist of cash or other assets comprised of securities which are eligible for the investment of the funds of insurers under...
  • 431:7-304 Record and Receipt.
    (a) The director of finance shall keep a record in permanent form of all such funds and securities. (b) The director of finance shall...
  • 431:7-305 Transfer of Securities.
    (a) No transfer of any funds or security so held on deposit, whether voluntary or by operation of law, shall be valid unless approved...
  • 431:7-306 Director May Designate Depositary.
    At the request of an insurer, the director of finance may designate any solvent trust company or other solvent financial institution having trust powers,...
  • 431:7-307 Responsibility for Deposits.
    This State shall be responsible for the safekeeping and return of all funds and securities deposited pursuant to section 431:7-301 to section [431:7-311] with...
  • 431:7-308 Dividends and Substitutions.
    While solvent and complying with this part, an insurer shall be entitled: (1) To collect and receive interest and dividends accruing on the securities...
  • 431:7-309 Release of Deposit.
    (a) Any required deposit or portion thereof shall be released in these instances only: (1) Upon extinguishment of all liabilities or portion thereof, of...
  • 431:7-310 Voluntary Excess Deposit.
    An insurer may deposit and maintain on deposit with the director of finance through the commissioner funds and eligible securities in amount exceeding its...
  • 431:7-311 Not Subject to Levy.
    No judgment creditor or other claimant of an insurer shall levy upon any deposit held pursuant to this article or upon any part hereof....

ARTICLE 8
UNAUTHORIZED INSURERS AND SURPLUS LINES

  • 431:8-101 Scope.
    Insurance policies issued to construction professionals, see §431:1-217. PART I. GENERAL PROVISIONS §431:8-101 Scope. This article shall apply to the placement of insurance in...
  • 431:8-102 Definitions.
    Insurance policies issued to construction professionals, see §431:1-217. PART I. GENERAL PROVISIONS §431:8-102 Definitions. As used in this article: "Approved continuing education course" means...

PART II. UNAUTHORIZED INSURERS

PART III. SURPLUS LINES INSURANCE

ARTICLE 9
LICENSING OF ADJUSTERS AND BILL REVIEWERS

  • 431:9-101 Scope.
    Article heading amended by L 2000, c 288, §2; L 2003, c 212, §52. Case Notes Where management company for foreign insurer authorized to...
  • 431:9-102 to 104 Repealed.
    Article heading amended by L 2000, c 288, §2; L 2003, c 212, §52. Case Notes Where management company for foreign insurer authorized to...
  • 431:9-105 Definitions.
    Article heading amended by L 2000, c 288, §2; L 2003, c 212, §52. Case Notes Where management company for foreign insurer authorized to...

PART II. LICENSING REQUIREMENTS, PROCEDURES AND ENFORCEMENT

  • 431:9-201 License Required; Exception.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-202 Repealed.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-203 General Qualifications for License.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-204 Applications for License.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-205 Repealed.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-206 Examinations for License.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-207 Scope of Examination
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-208 Time of Examinations.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-209 Advisory Board.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-210 to 213 Repealed.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-214 Repealed.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-215 to 219 Repealed.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-220 Repealed.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-221 Repealed.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-222 Qualification for Adjuster's License.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-222.5 Claims Adjusters; Limited License.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-223 Public Adjuster's Bond.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-224 Separate Licenses.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-225 Form of Adjusters' License.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-226 Powers Conferred by an Adjuster's License.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-227 Adjuster; Restrictions.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-228 Place of Business.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-229 Records of Adjuster or Independent Bill Reviewer
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-230 Reporting and Accounting for Premiums.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-231 Repealed.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-232 Extension of Licenses.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-233, 234 Repealed.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-234.5 Reporting of Actions. .
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-235 Denial, Suspension, Revocation of Licenses.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-235.5 Suspension or Denial of License for Noncompliance With Support Order.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-236 Repealed.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-237 Duration of Suspension.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-238 Power to Fine.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-239 Reinstatement or Relicensing.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-240 Fine in Lieu.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-241 Repealed.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-242 Compensation by Contingency Fee Prohibited.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...
  • 431:9-243 Qualification for Independent Bill Reviewer's License.
    Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this...

PART III. CONTINUING EDUCATION--REPEALED

ARTICLE 9A
PRODUCER LICENSING

  • 431:9a-101 Scope
    Bail agents; sureties, see article 9N. [PART I. GENERAL PROVISIONS] Revision Note Part I designation added by revisor pursuant to L 2002, c 235,...

ARTICLE 9A OLD
MANAGING GENERAL AGENTS--REPEALED

  • 431:9a-101 to 108 Repealed.
    L 2001, c 216, §47. Cross References For present provisions, see Article 9C.
  • 431:9a-102 Definitions.
    As used in this article, the following definitions apply: "Approved continuing education course" means a course approved by the commissioner following receipt of recommendations...
  • 431:9a-103 License Required.
    (a) A person shall not sell, solicit, or negotiate insurance in this State for any line, class, or classes of insurance unless the person is...
  • 431:9a-104 Exceptions to Licensing.
    (a) Nothing in this article shall be construed to require an insurer to obtain an insurance producer license. In this section, the term "insurer"...
  • 431:9a-105 Insurance Producer License Examination
    . (a) An applicant for an insurance producer license shall pass a written examination unless exempt pursuant to section 431:9A-109. The examination shall test the...
  • 431:9a-106 Application for License.
    (a) A person applying for an insurance producer license shall make application to the commissioner on the uniform application and declare under penalty of denial,...
  • 431:9a-107 License.
    (a) Except as provided in section 431:9A-112, a person who has met the requirements of sections 431:9A-105 and 431:9A-106 shall be issued an insurance...
  • 431:9a-107.5 Limited License
    . (a) Notwithstanding any other provision of this article, the commissioner may issue: (1) A limited license to persons selling travel tickets of a common...
  • 431:9a-108 Nonresident Licensing.
    (a) Except as provided in section 431:9A-112, a nonresident applicant shall receive a nonresident producer license if: (1) The applicant is currently licensed and...
  • 431:9a-108.5 Process Against Nonresident Licensees
    . (a) Each licensed nonresident producer shall appoint the commissioner as the producer's agent to receive service of legal process issued against the producer in...
  • 431:9a-109 Exemption From Examination.
    (a) Subject to section 431:9A-116, an individual who applies for an insurance producer license in this State who was previously licensed for the same...
  • 431:9a-110 Legal, Trade, and Assumed Names.
    (a) Every insurance producer doing business in this State shall notify the commissioner in writing of the insurance producer's legal name and trade name,...
  • 431:9a-111 Temporary Licensing.
    (a) The commissioner may issue a temporary insurance producer license for a period not to exceed one hundred eighty days without requiring an examination...
  • 431:9a-112 License Denial, Nonrenewal, Suspension, or Revocation.
    (a) The commissioner may deny, place on probation, suspend, revoke, or refuse to issue or renew an insurance producer's license and may levy a civil...
  • 431:9a-112.3 Suspension or Denial of License for Noncompliance With Support Order.
    In addition to any other acts or conditions provided by law, the commissioner shall refuse to renew, reinstate, or restore, or shall deny or...
  • 431:9a-112.5 Controlled Business.
    (a) The commissioner shall neither grant nor extend a producer's license to any person if the commissioner has reasonable cause to believe that: (1)...
  • 431:9a-113 Commissions.
    (a) An insurance company or insurance producer shall not pay a commission, service fee, brokerage fee, or other valuable consideration to a person for...
  • 431:9a-114 Appointments.
    (a) An insurance producer shall not act as an agent of an insurer unless the insurance producer becomes an appointed agent of that insurer...
  • 431:9a-115 Notification to Commissioner of Termination.
    (a) An insurer, authorized representative of the insurer, or a producer that terminates the appointment, employment, contract, or other insurance business relationship with a producer...
  • 431:9a-116 Reciprocity.
    (a) The commissioner shall waive any requirements for a nonresident license applicant with a valid license from the applicant's home state, except the requirements...
  • 431:9a-117 Reporting of Actions.
    (a) A producer shall report to the commissioner any civil or administrative action taken against the producer in any jurisdiction or by a governmental...
  • 431:9a-118 Rules.
    The commissioner may, in accordance with chapter 91, adopt reasonable rules as are necessary or proper to carry out the purposes of this article....
  • 431:9a-119 Scope of Examination.
    (a) The commissioner shall prescribe each examination, and each examination shall be of reasonably sufficient scope to test the applicant's knowledge relative to the...
  • 431:9a-120 Time of Examinations.
    (a) The commissioner shall give examinations within this State at such times and places as may reasonably serve the convenience of both the commissioner...
  • 431:9a-121 Advisory Board.
    The commissioner may, in the commissioner's discretion, appoint a group of individuals, to be known as the advisory board, to make recommendations to the...
  • 431:9a-122 Place of Business.
    (a) Every licensed insurance producer shall have and maintain in this State, or, if a nonresident insurance producer, in the nonresident's home state, a...
  • 431:9a-123 Records of Insurance Producer.
    (a) Every insurance producer shall keep a record of all transactions consummated under the producer's license. The record required by this section shall be...
  • 431:9a-123.5 Reporting and Accounting for Premiums
    . (a) Every licensed producer shall have the responsibilities of a trustee for all premium and return premium funds received or collected under this article....
  • 431:9a-124 Prerequisites for License Renewal.
    (a) To qualify for a license renewal, a licensee shall: (1) During the twenty-four months preceding a license renewal, complete the required number of...
  • 431:9a-125 Continuing Education Recordkeeping.
    (a) Licensees shall maintain their own continuing education records and shall keep these records for four years after completion of an approved continuing education...
  • 431:9a-126 Power to Fine.
    (a) The order levying the fine through section 431:9A-112 shall specify the period within which the fine shall be fully paid, and that period shall...
  • 431:9a-127 Fine in Lieu.
    (a) Upon the hearing of an appeal from an order imposing any sanction upon a licensee in accordance with section 431:9A-112, the court may...
  • 431:9a-128 Nondiscrimination.
    Continuing education courses provided by insurers to insurance producers shall be subject to the same standards, reviews, and credits as other continuing education courses....
  • 431:9a-129 Penalty.
    (a) The commissioner may revoke or suspend the certificate of an approved course provider for any violation of the insurance code, subject to the...
  • 431:9a-130 Commissioner's Authority to Grant Waiver.
    Upon the receiving of a written request and a showing of good cause, the commissioner shall have the authority to grant a waiver of...

PART II. LIMITED LINES MOTOR VEHICLE
RENTAL COMPANY PRODUCER

  • 431:9a-141 Definitions.
    Unless specified otherwise, the following definitions shall be used in this part in addition to other definitions in chapter 431: "Limited lines motor vehicle...
  • 431:9a-142 Requirements for License and Renewal.
    (a) Applicants seeking licensure under this part shall comply with applicable licensing requirements under chapter 431. (b) The commissioner may issue a limited lines...

Part iii. CONTINUING EDUCATION COURSE PROVIDERS

  • 431:9a-151 Continuing Education Course Provider Certificate.
    (a) An approved continuing education course shall be offered only by a person who has a valid continuing education course provider certificate. Any person seeking...
  • 431:9a-152 Continuing Education Course Provider Additional Duties.
    In addition to other duties and obligations imposed by law, a continuing education course provider shall be responsible for: (1) Ensuring that each course is...
  • 431:9a-153 Courses.
    (a) No continuing education course hours shall be credited for a course unless the provider conducting the course has a valid continuing education course provider...
  • 431:9a-154 Self-Study Courses.
    (a) In addition to the requirements of courses generally, an approved continuing education course provider shall also require for self-study courses, including computer-based courses, a...
  • 431:9a-155 Carryover Credits.
    No credit hours earned during a single renewal cycle may be carried over and counted towards satisfaction of the credit hour requirements for a following...
  • 431:9a-156 Course Instructors.
    (a) The commissioner may deem a continuing education course instructor unqualified if the instructor has been subject to suspension, revocation, or other disciplinary proceeding in...
  • 431:9a-157 Tuition.
    (a) The following are requirements that providers shall follow: (1) Tuition fees for courses shall be reasonable and clearly identified; (2) If the course is...
  • 431:9a-158 Reporting Credit Hours and Recordkeeping.
    Continuing education course providers shall: (1) Submit course completion information as prescribed by the commissioner to the insurance division within fifteen days after the course...
  • 431:9a-159 Advertising.
    (a) A course shall not be advertised as an approved course for continuing education credit unless the commissioner has approved the course in writing. (b)...
  • 431:9a-160 Advisory Committee.
    (a) The commissioner may establish an advisory committee, which shall be composed of nine members appointed by the commissioner of which: (1) Eight members shall...

ARTICLE 9B
REINSURANCE INTERMEDIARY

ARTICLE 9C
MANAGING GENERAL AGENTS

  • 431:9c-101 Definitions.
    For purposes of this article: "Actuary" means a person who is a member in good standing of the American Academy of Actuaries. "Insurer" means...
  • 431:9c-102 Licensure.
    (a) No person, firm, association, or corporation shall act as a managing general agent, with respect to risks located in this State for an...
  • 431:9c-103 Required Contract Provisions
    . No person, firm, association, or corporation acting as a managing general agent shall place business with an insurer unless there is in force a...
  • 431:9c-104 Duties of Insurers.
    (a) An insurer shall have on file an independent financial examination in a form acceptable to the commissioner of each managing general agent with...
  • 431:9c-105 Examination Authority.
    The acts of the managing general agent are considered to be the acts of the insurer on whose behalf it is acting. A managing general...
  • 431:9c-106 Penalties and Liabilities.
    (a) If after a hearing conducted in accordance with section 431:2-308 and chapter 91, the commissioner finds that any person has violated any provision of...
  • 431:9c-107 Rules.
    The commissioner may adopt rules in accordance with chapter 91 to effectuate the purposes of this article. [L 2002, c 155, pt of §2]

article 9N
Bail agents; sureties

  • 431:9n-101 Definitions.
    As used in this article: "Bail agent" means a licensed insurance producer under article 9A who is appointed by an authorized surety insurer, furnishes...
  • 431:9n-103 Fiduciary Responsibilities.
    (a) In addition to the requirements of section 431:9A-123.5, bail agents shall have the responsibilities of a trustee for all premium, return premium funds,...
  • 431:9n-104 Bail Agent Not to Act As Attorney.
    A bail agent who is also an attorney shall not represent a person to whom the attorney has furnished bail for compensation in any...

ARTICLE 10
INSURANCE CONTRACTS GENERALLY
PART I. READABILITY OF INSURANCE CONTRACTS

PART II. GENERAL RULES

ARTICLE 10A
ACCIDENT AND HEALTH OR SICKNESS INSURANCE CONTRACTS

PART II. GROUP AND BLANKET DISABILITY INSURANCE

  • 431:10a-201 Definitions.
    Section 431:10A-601 applied to all parts of article 10A if the category of policy under consideration included family coverage, as defined in §431:10A-103. Att....
  • 431:10a-202 Health Care Groups.
    Section 431:10A-601 applied to all parts of article 10A if the category of policy under consideration included family coverage, as defined in §431:10A-103. Att....
  • 431:10a-203 Standard Provisions.
    Section 431:10A-601 applied to all parts of article 10A if the category of policy under consideration included family coverage, as defined in §431:10A-103. Att....
  • 431:10a-204 Optional Provision, Examination and Autopsy.
    Section 431:10A-601 applied to all parts of article 10A if the category of policy under consideration included family coverage, as defined in §431:10A-103. Att....
  • 431:10a-205 Payment of Benefits.
    Section 431:10A-601 applied to all parts of article 10A if the category of policy under consideration included family coverage, as defined in §431:10A-103. Att....
  • 431:10a-206 Coverage of Newborn Children.
    Section 431:10A-601 applied to all parts of article 10A if the category of policy under consideration included family coverage, as defined in §431:10A-103. Att....
  • 431:10a-206.5 Coverage for Child Health Supervision Services.
    Section 431:10A-601 applied to all parts of article 10A if the category of policy under consideration included family coverage, as defined in §431:10A-103. Att....
  • 431:10a-207 Coverage for Specific Services.
    Section 431:10A-601 applied to all parts of article 10A if the category of policy under consideration included family coverage, as defined in §431:10A-103. Att....
  • 431:10a-208 Qualified Medical Child Support Order.
    Section 431:10A-601 applied to all parts of article 10A if the category of policy under consideration included family coverage, as defined in §431:10A-103. Att....

PART III. MEDICARE SUPPLEMENT POLICIES

  • 431:10a-301 Definitions.
    Section 431:10A-601 applied to all parts of article 10A if the category of policy under consideration included family coverage, as defined in §431:10A-103. Att....
  • 431:10a-302 Applicability and Scope.
    Section 431:10A-601 applied to all parts of article 10A if the category of policy under consideration included family coverage, as defined in §431:10A-103. Att....
  • 431:10a-303 Repealed.
    Section 431:10A-601 applied to all parts of article 10A if the category of policy under consideration included family coverage, as defined in §431:10A-103. Att....
  • 431:10a-304 Standards for Policy Provisions.
    Section 431:10A-601 applied to all parts of article 10A if the category of policy under consideration included family coverage, as defined in §431:10A-103. Att....
  • 431:10a-305 Rules.
    Section 431:10A-601 applied to all parts of article 10A if the category of policy under consideration included family coverage, as defined in §431:10A-103. Att....
  • 431:10a-306 Loss Ratio Standards.
    Section 431:10A-601 applied to all parts of article 10A if the category of policy under consideration included family coverage, as defined in §431:10A-103. Att....
  • 431:10a-307 Disclosure Standards.
    Section 431:10A-601 applied to all parts of article 10A if the category of policy under consideration included family coverage, as defined in §431:10A-103. Att....
  • 431:10a-308 Notice of Free Examination.
    Section 431:10A-601 applied to all parts of article 10A if the category of policy under consideration included family coverage, as defined in §431:10A-103. Att....
  • 431:10a-309 Filings; Approval of Forms.
    Section 431:10A-601 applied to all parts of article 10A if the category of policy under consideration included family coverage, as defined in §431:10A-103. Att....
  • 431:10a-310 Filing Requirements for Advertising.
    Section 431:10A-601 applied to all parts of article 10A if the category of policy under consideration included family coverage, as defined in §431:10A-103. Att....
  • 431:10a-311 Penalties.
    Section 431:10A-601 applied to all parts of article 10A if the category of policy under consideration included family coverage, as defined in §431:10A-103. Att....
  • 431:10a-312 Severability.
    Section 431:10A-601 applied to all parts of article 10A if the category of policy under consideration included family coverage, as defined in §431:10A-103. Att....

PART IV. EXTENDED HEALTH INSURANCE

PART V. LONG-TERM CARE INSURANCE--REPEALED

PART VI. MISCELLANEOUS PROVISIONS

ARTICLE 10B
CREDIT LIFE INSURANCE
AND CREDIT DISABILITY INSURANCE

ARTICLE 10C
MOTOR VEHICLE INSURANCE
PART I. GENERAL PROVISIONS

PART II. RATES AND ADMINISTRATION

PART III. COVERAGES AND RIGHTS

PART IV. JOINT UNDERWRITING PLAN
Subpart A. Participation and Administration

  • 431:10c-401 Participation.
    (a) A joint underwriting plan is established consisting of all insurers authorized to write and engage in writing motor vehicle insurance in this State,...
  • 431:10c-402 Bureau.
    (a) The commissioner shall establish and maintain a joint underwriting plan bureau in the insurance division to receive, assign and supervise the servicing of...
  • 431:10c-403 Bureau's Duties.
    The bureau shall promptly assign each claim and application, and notify the claimant or applicant of the identity and address of the assignee of...
  • 431:10c-404 Allocation of Costs.
    All costs incurred in the operation of the joint underwriting plan bureau and the operation of the plan, including administrative, staff, consultative costs as...
  • 431:10c-405 Board of Governors.
    (a) The commissioner shall establish within the bureau, a board of governors for the purpose of providing expertise and consultation on all matters pertaining...
  • 431:10c-406 Regulations, Review, and Appellate Procedure.
    (a) The commissioner shall adopt all necessary and appropriate rules for the execution of the commissioner's duties under this part as provided for in...

Subpart B. Coverages and Assignment of Claims

  • 431:10c-407 Classifications.
    (a) The commissioner shall establish classifications of eligible persons and uses for which the joint underwriting plan shall provide both the required motor vehicle...
  • 431:10c-408 Assigned Claims.
    (a) Each person sustaining accidental harm, or such person's legal representative, may, except as provided in subsection (b), obtain the motor vehicle insurance benefits...

Subpart C. Rates

  • 431:10c-409 Establishment and Criteria.
    The commissioner shall, after consultation with the board, establish and promulgate the rating rules, classification standards and rules, rates, rating plans, territories, and policy...
  • 431:10c-410 Schedules.
    The commissioner shall: (1) Set rate schedules periodically, but not less frequently than annually, for all classes in accordance with this part and the...
  • 431:10c-411 Optional Additional Coverages.
    The commissioner shall, in the same manner as in section 431:10C-410, set rates for any optional additional coverages the plan shall offer. [L 1987,...
  • 431:10c-412 Adjustment and Refund
    . The commissioner may: (1) Adjust any rate to reflect any excess premiums charged during any premium year, or in any subsequent premium year; and...

PART V. MOTORCYCLES AND MOTOR SCOOTERS--REPEALED

PART VI. SELF-INSURER REQUIREMENTS

ARTICLE 10D
LIFE INSURANCE AND ANNUITIES

PART II. GROUP LIFE INSURANCE

PART III. INDUSTRIAL LIFE INSURANCE

PART IV. LIFE INSURANCE POLICY ILLUSTRATIONS

PART V. REPLACEMENT OF LIFE INSURANCE POLICIES AND ANNUITIES

PART VI. ANNUITY DISCLOSURE

Part VII. SUITABILITY IN ANNUITY TRANSACTIONS

  • 431:10d-621 Scope.
    Variable contracts, see §431:10D-118. §431:10D-621 Scope. (a) This part applies to any recommendation to purchase, exchange, or replace an annuity made to a consumer...
  • 431:10d-622 Definitions.
    Variable contracts, see §431:10D-118. §431:10D-622 Definitions. For the purposes of this part: "Annuity" means an annuity that is an insurance product under state law...
  • 431:10d-623 Duties of Insurers and Insurance Producers.
    Variable contracts, see §431:10D-118. §431:10D-623 Duties of insurers and insurance producers. (a) In recommending to a consumer the purchase of an annuity or the...
  • 431:10d-624 Compliance Mitigation; Penalties.
    Variable contracts, see §431:10D-118. §431:10D-624 Compliance mitigation; penalties. (a) An insurer shall be responsible for compliance with this part. If a violation occurs because...
  • 431:10d-625 Recordkeeping.
    Variable contracts, see §431:10D-118. [§431:10D-625] Recordkeeping. Insurers, managing general agents, independent agencies, and insurance producers shall maintain or make available to the commissioner records...
  • 431:10d-626 Insurance Producer Training.
    Variable contracts, see §431:10D-118. §431:10D-626 Insurance producer training. (a) An insurance producer shall not solicit the sale of an annuity product unless the insurance...

PART VIII. USE OF SENIOR-SPECIFIC CERTIFICATIONS
AND PROFESSIONAL DESIGNATIONS

ARTICLE 10E
PROPERTY INSURANCE
PART I. INSURABLE INTEREST IN PROPERTY;
OVER-INSURANCE

  • 431:10e-101 Insurable Interest in Property Required.
    Sections 431:10E-101 to 431:10E-103 designated as Part I by L 2012, c 80, §2. §431:10E-101 Insurable interest in property required. No contract of insurance...
  • 431:10e-102 Over-Insurance Prohibited; Exceptions.
    Sections 431:10E-101 to 431:10E-103 designated as Part I by L 2012, c 80, §2. §431:10E-102 Over-insurance prohibited; exceptions. (a) Over-insurance shall be deemed to...
  • 431:10e-103 Exceptions.
    Sections 431:10E-101 to 431:10E-103 designated as Part I by L 2012, c 80, §2. §431:10E-103 Exceptions. Section 431:10E-102 does not apply to: (1) Insurance...

PART II. HOMEOWNERS INSURANCE CLAIMS HISTORY

  • 431:10e-121 Purpose.
    The purpose of this part is to regulate the use of claims history information for homeowners insurance and provide certain consumer protections with respect...
  • 431:10e-122 Scope; Effective Dates.
    This part shall apply to all homeowners insurance policies delivered or issued for delivery in this State after July 31, 2012. [L 2012, c...
  • 431:10e-123 Definitions.
    As used in this part, "inquiry" means a telephone call or other communication made to an insurer regarding the terms, conditions, or coverage afforded...
  • 431:10e-124 Use of Inquiries and Other Information.
    An insurer shall not refuse to issue, refuse to renew, or cancel a homeowners insurance policy, or establish rates for coverage based in whole...

Part III. LAVA ZONES

ARTICLE 10F
SURETY INSURANCE

ARTICLE 10G
MOTORCYCLE AND MOTOR SCOOTER INSURANCE

PART II. RATES AND ADMINISTRATION

PART III. COVERAGES AND RIGHTS

ARTICLE 10H
LONG-TERM CARE INSURANCE

PART II. LONG-TERM CARE INSURANCE MODEL REGULATION

PART III. FEDERAL CONFORMITY

PART IV. UNIVERSAL AVAILABILITY OF
LONG-TERM CARE INSURANCE

ARTICLE 11
INSURANCE HOLDING COMPANY SYSTEM

  • 431:11-101 Scope and Purpose.
    (a) This article applies to all persons doing an insurance business in this State unless specifically exempted under subsection (b). (b) The commissioner may...
  • 431:11-102 Definitions.
    As used in this article, unless the context shall otherwise require: "Affiliate" (including affiliate of, or person affiliated with, a specific person) means a person...
  • 431:11-103 Subsidiaries of Insurers.
    (a) Any domestic insurer, either by itself or in cooperation with one or more persons, may organize or acquire one or more subsidiaries engaged in...
  • 431:11-104 Acquisition of Control or Merger With Domestic Insurer.
    (a) [Subsection effective January 1, 2016. For subsection effective until December 31, 2015, see below.] The following are filing requirements for the acquisition of control...
  • 431:11-104.1 Definitions.
    The following definitions shall apply for the purposes of sections 431:11-104.2 through 431:11-104.6 only: "Acquisition" means any agreement, arrangement, or activity the consummation of...
  • 431:11-104.2 Scope.
    (a) Except as otherwise provided in subsection (b), this section and sections 431:11-104.3 through 431:11-104.6 apply to any acquisition in which there is a...
  • 431:11-104.3 Preacquisition Notification; Waiting Period.
    (a) An acquisition covered by section 431:11-104.2 may be subject to an order pursuant to section 431:11-104.5 unless the acquiring person or the acquired...
  • 431:11-104.4 Competitive Standard.
    (a) The commissioner may enter an order under section 431:11-104.5 with respect to an acquisition if there is substantial evidence that the effect of...
  • 431:11-104.5 Orders and Penalties.
    (a) If an acquisition violates the competitive standards of section 431:11-104.4, the commissioner may enter an order: (1) Requiring an involved insurer to cease...
  • 431:11-104.6 Inapplicable Provisions.
    Sections 431:11-110(b), 431:11-110(c), and 431:11-112 do not apply to acquisitions to which sections 431:11-104.1 through 431:11-104.5 apply. [L 1992, c 176, pt of §3]
  • 431:11-105 Registration of Insurers.
    [Section effective January 1, 2016. For section effective until December 31, 2015, see below.] (a) Every insurer that is authorized to do business in this...
  • 431:11-106 Standards and Management of an Insurer Within a Holding Company System.
    (a)(1) [Subsection effective January 1, 2016. For subsection effective until December 31, 2015, see below.] Transactions within an insurance holding company system to which...
  • 431:11-107 Examination.
    [Section effective January 1, 2016. For section effective until December 31, 2015, see below.] (a) Subject to the limitation contained in this section and in...
  • 431:11-107.5 Supervisory Colleges.
    [Section effective January 1, 2016.] (a) With respect to any insurer registered under section 431:11-105, and in accordance with subsection (c), the commissioner may...
  • 431:11-108 Confidential Treatment.
    [Section effective January 1, 2016. For section effective until December 31, 2015, see below.] (a) Documents, materials, or other information in the possession or control...
  • 431:11-109 Rules and Regulations.
    The commissioner may, upon notice and opportunity for all interested persons to be heard, issue such rules and orders as shall be necessary to carry...
  • 431:11-110 Injunctions; Prohibitions Against Voting Securities; Sequestration of Voting Securities.
    (a) Whenever it appears to the commissioner that any insurer or any director, officer, employee, or agent thereof has committed or is about to commit...
  • 431:11-111 Sanctions.
    [Section effective January 1, 2016. For section effective until December 31, 2015, see below.] (a) Any insurer failing, without just cause, to file any...
  • 431:11-112 Receivership.
    Whenever it appears to the commissioner that any person has committed a violation of this article which so impairs the financial condition of a domestic...
  • 431:11-113 Recovery.
    (a) If an order for liquidation or rehabilitation of a domestic insurer has been entered, the receiver appointed under the order shall have a right...
  • 431:11-114 Revocation, Suspension, or Nonrenewal of Insurer's License.
    Whenever it appears to the commissioner that any person has committed a violation of this article which makes the continued operation of an insurer contrary...
  • 431:11-115 Judicial Review; Mandamus.
    (a) Any person aggrieved by any act, determination, rule or order or any other action of the commissioner pursuant to this article may appeal therefrom...
  • 431:11-116 Conflict With Other Laws.
    All laws and parts of laws of this State inconsistent with this article are hereby superseded with respect to matters covered by this article. [L...
  • 431:11-117 Severability of Provisions.
    If any provision of this article or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions...

ARTICLE 11A
BUSINESS TRANSACTED WITH PRODUCER CONTROLLED
PROPERTY/CASUALTY INSURER

  • 431:11a-101 Definitions.
    For purposes of this article: "Accredited state" means a state in which the insurance department or regulatory agency meets the minimum financial regulatory standards...
  • 431:11a-102 Applicability.
    This article shall apply to insurers either domiciled in this State or domiciled in a state that is not an accredited state having in effect...
  • 431:11a-103 Minimum Standards.
    (a) The minimum standards specified in this section shall apply if, in any calendar year, the aggregate amount of gross written premiums on business placed...
  • 431:11a-104 Disclosure.
    Prior to the effective date of the policy, the controlling producer shall deliver written notice to the prospective insured disclosing the relationship between the controlling...
  • 431:11a-105 Penalties.
    (a) If the commissioner believes that a controlling producer or any other person has not complied with this article, or any applicable rule or order,...

ARTICLE 12
MASS MERCHANDISING OF INSURANCE

  • 431:12-101 Definitions.
    As used in this article: "Employees" includes compensated officers, managers, and employees of a firm, corporation, partnership, sole proprietor, trust, estate, or members of...
  • 431:12-102 Applicability.
    This article shall apply to motor vehicle insurance and to property and casualty insurance as defined in sections 431:1-206 and 431:1-209. The provisions of...
  • 431:12-103 Mass Merchandising Authorized.
    An insurer may mass merchandise motor vehicle, property and casualty insurance to the employees of any employer under a mass merchandising plan audited by...
  • 431:12-104 Mass Merchandising Prohibited; When.
    (a) No insurer shall mass merchandise insurance to members of any association or organization formed principally for the purpose of obtaining the benefits of...
  • 431:12-105 Mass Merchandising Requirements.
    Mass merchandising of insurance and every mass merchandising plan shall be subject to the following conditions: (1) The insurance offered shall be open to...
  • 431:12-106 Disclosure.
    Every insurer selling insurance on a mass merchandising basis shall, prior to sale, make full and fair disclosures to prospective insureds of all features...
  • 431:12-107 Payroll Deductions and Premium Collections.
    A mass merchandising agreement may provide for the collection of premiums from employees by payroll deductions, assessments, or otherwise, and the remittance of the...
  • 431:12-108 Employer's Failure to Remit Premiums.
    If any employer is required under a mass merchandising agreement to collect the premiums from its employees and remit the same to the insurer,...
  • 431:12-109 Cancellation and Nonrenewal.
    Except as provided by section 431:12-108, no policy of an individual employee or participation of an employee in a group policy shall be cancelled...
  • 431:12-110 Premium Rates.
    Premium rates for insurance sold on a mass merchandising basis shall comply with the standards in article 10C for motor vehicle insurance and in...
  • 431:12-111 Readjustment of Premiums; Dividends.
    (a) Any mass merchandising agreement may provide for the readjustment of the rate of premium based on experience at the end of the first...
  • 431:12-112 Underwriting Standards.
    Every plan of mass merchandising and all rules and standards applicable to mass merchandising of insurance shall be subject to audit by the commissioner...
  • 431:12-113 Statistics.
    Every insurer mass merchandising insurance shall keep and maintain data on its experience under each plan, including data on premium income, losses, and expenses....
  • 431:12-114 Licenses.
    No person shall act as an insurance producer in connection with mass merchandising of insurance, unless the person is licensed as such under article...
  • 431:12-115 Establishment and Maintenance of Office.
    (a) Every insurer selling insurance on a mass merchandising basis shall establish and maintain at all times an office in the State to conduct...
  • 431:12-116 Rules.
    The commissioner shall adopt rules necessary to effectuate the purposes of this article. [L 1987, c 347, pt of §2]

ARTICLE 13
UNFAIR METHODS OF COMPETITION
AND UNFAIR AND DECEPTIVE
ACTS AND PRACTICES IN THE BUSINESS OF INSURANCE
PART I. GENERAL PROVISIONS

PART II. PENALTIES AND JUDICIAL REVIEW

ARTICLE 14
RATE REGULATION
PART I. CASUALTY, SURETY, PROPERTY, MARINE AND
TRANSPORTATION RATE REGULATION

ARTICLE 14A
HAWAII EMPLOYERS' MUTUAL INSURANCE COMPANY

ARTICLE 14F
HEALTH INSURANCE RATE REGULATION--REPEALED

ARTICLE 14G
HEALTH INSURANCE RATE REGULATION

  • 431:14g-101 Scope and Purpose.
    (a) This article shall apply to all types of health insurance offered by managed care plans. (b) The purpose of this article is to...
  • 431:14g-102 Definitions.
    As used in this article: "Commissioner" means the insurance commissioner. "Enrollee" means a person who enters into a contractual relationship or who is provided...
  • 431:14g-103 Making of Rates.
    (a) Rates shall not be excessive, inadequate, or unfairly discriminatory and shall be reasonable in relation to the costs of the benefits provided. (b)...
  • 431:14g-103.5 Rerating.
    No person, business, or entity may change or rerate any rate approved by the commissioner in any subsequent transfer, sale, resale, or pass through of...
  • 431:14g-104 Rate Adjustment Mandates.
    (a) Except as otherwise provided by law, the commissioner may mandate filings for health insurance under section 431:14G-105 when the commissioner has actuarially sound...
  • 431:14g-105 Rate Filings.
    (a) Every managed care plan shall file with the commissioner every rate, charge, classification, schedule, practice, or rule and every modification of any of...
  • 431:14g-106 Policy Revisions that Alter Coverage.
    All plan revisions that alter coverage in any manner shall be filed with the commissioner. After review by the commissioner, the commissioner shall determine...
  • 431:14g-107 Disapproval of Filings.
    (a) If, within the waiting period or any extension of the waiting period as provided in section 431:14G-105, the commissioner finds that a filing...
  • 431:14g-108 Managed Care Plans; Prohibited Activity.
    (a) Except as permitted in this article, no managed care plan shall: (1) Attempt to monopolize, or combine or conspire with any other person...
  • 431:14g-109 Information to Be Furnished Enrollees; Hearings and Appeals of Enrollees.
    Every managed care plan that makes its own rates, within a reasonable time after receiving written request therefore and upon payment of reasonable charges...
  • 431:14g-109.5 Publication of Premium Information.
    (a) Upon the commissioner's request, all managed care plans shall provide health insurance premium information to the commissioner within thirty days of the request....
  • 431:14g-110 False or Misleading Information
    . No person or organization shall wilfully withhold information from or knowingly give false or misleading information to the commissioner, any statistical agency designated by...
  • 431:14g-111 Penalties.
    (a) If the commissioner finds that any person or organization has violated any provision of this article, the commissioner may impose a penalty of...
  • 431:14g-112 Hearing Procedure and Judicial Review.
    (a) Any managed care plan aggrieved by any order or decision of the commissioner made without a hearing, within thirty days after notice of...

ARTICLE 15
INSURERS SUPERVISION, REHABILITATION AND
LIQUIDATION

  • 431:15-101 Construction and Purpose.
    Under §§431:15-310 and 431:15-313, the commissioner has exclusive standing under this article to assert claims arising out of the liquidation or rehabilitation of an...
  • 431:15-102 Persons Covered.
    Under §§431:15-310 and 431:15-313, the commissioner has exclusive standing under this article to assert claims arising out of the liquidation or rehabilitation of an...
  • 431:15-103 Definitions.
    Under §§431:15-310 and 431:15-313, the commissioner has exclusive standing under this article to assert claims arising out of the liquidation or rehabilitation of an...
  • 431:15-103.5 Standards and Authority.
    Under §§431:15-310 and 431:15-313, the commissioner has exclusive standing under this article to assert claims arising out of the liquidation or rehabilitation of an...
  • 431:15-104 Jurisdiction and Venue.
    Under §§431:15-310 and 431:15-313, the commissioner has exclusive standing under this article to assert claims arising out of the liquidation or rehabilitation of an...
  • 431:15-105 Injunctions and Orders.
    Under §§431:15-310 and 431:15-313, the commissioner has exclusive standing under this article to assert claims arising out of the liquidation or rehabilitation of an...
  • 431:15-106 Cooperation of Officers and Employees.
    Under §§431:15-310 and 431:15-313, the commissioner has exclusive standing under this article to assert claims arising out of the liquidation or rehabilitation of an...
  • 431:15-107 Commissioner's Reports.
    Under §§431:15-310 and 431:15-313, the commissioner has exclusive standing under this article to assert claims arising out of the liquidation or rehabilitation of an...
  • 431:15-108 Continuation of Delinquency Proceedings.
    Under §§431:15-310 and 431:15-313, the commissioner has exclusive standing under this article to assert claims arising out of the liquidation or rehabilitation of an...

PART II. SUMMARY PROCEEDINGS AND SUPERVISORY PROCEEDINGS

PART III. FORMAL PROCEEDINGS

PART IV. INTERSTATE RELATIONS

ARTICLE 16
GUARANTY ASSOCIATIONS
PART I. PROPERTY AND LIABILITY INSURANCE GUARANTY
ASSOCIATION

  • 431:16-101 Title.
    This part shall be known as the Hawaii Insurance Guaranty Association Act. [L 1987, c 347, pt of §2]
  • 431:16-102 Purpose.
    The purpose of this part is to provide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay...
  • 431:16-103 Scope.
    This part shall apply to all types of direct insurance, but shall not apply to the following: (1) Life, annuity, or accident and health...
  • 431:16-104 Construction.
    This part shall be construed to effect the purpose under section 431:16-102 which will constitute an aid and guide to interpretation. [L 1987, c...
  • 431:16-105 Definitions.
    As used in this part: "Affiliate" means a person who, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is...
  • 431:16-106 Creation of Association.
    There is created a nonprofit unincorporated legal entity to be known as the Hawaii insurance guaranty association. All insurers defined as member insurers in...
  • 431:16-107 Board of Directors.
    (a) The board of directors of the association shall consist of not less than five nor more than nine persons serving terms as established in...
  • 431:16-108 Powers and Duties of the Association.
    (a) The association shall: (1) Be obligated to the extent of the covered claims existing prior to the order of liquidation and arising within...
  • 431:16-109 Plan of Operation.
    (a)(1) The association shall submit to the commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable,...
  • 431:16-110 Duties and Powers of the Commissioner.
    (a) The commissioner shall: (1) Notify the association of the existence of an insolvent insurer not later than three days after the commissioner receives...
  • 431:16-111 Effect of Paid Claims.
    (a) Any person recovering under this part shall be deemed to have assigned the person's rights under the policy to the association to the...
  • 431:16-112 Exhaustion of Other Coverage.
    (a) Any person having a claim against an insurer whether or not the insurer is a member insurer under any provision in an insurance...
  • 431:16-113 Prevention of Insolvencies.
    To aid in the detection and prevention of insurer insolvencies: (1) The board of directors, upon majority vote, may make recommendations to the commissioner...
  • 431:16-114 Tax Exemption.
    The association shall be exempt from payment of all fees and all taxes levied by this State or any of its subdivisions except taxes...
  • 431:16-115 Recoupment of Assessment.
    (a) Each member insurer shall annually recoup the assessments paid in the preceding years by the insurer under this part. The recoupment shall be...
  • 431:16-116 Immunity.
    There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer, the...
  • 431:16-117 Stay of Proceedings.
    (a) All proceedings in which the insolvent insurer is a party, or is obligated to defend a party in any court in this State,...

PART II. LIFE AND DISABILITY
INSURANCE GUARANTY ASSOCIATION

  • 431:16-201 Title.
    This part shall be known as the Hawaii Life and Disability Insurance Guaranty Association Act. [L 1987, c 347, pt of §2]
  • 431:16-202 Purpose.
    (a) The purpose of this part is to protect, subject to certain limitations, the persons specified in section 431:16-203 against failure in the performance...
  • 431:16-204 Construction.
    This part shall be liberally construed to effect the purpose under section 431:16-202 which shall constitute an aid and guide to interpretation. [L 1987,...
  • 431:16-205 Definitions.
    As used in this part: "Account" means any of the three accounts created under section 431:16-206(a). "Association" means the Hawaii life and disability insurance...
  • 431:16-206 Creation of the Association.
    (a) There is created a nonprofit legal entity to be known as the Hawaii life and disability insurance guaranty association. All member insurers shall...
  • 431:16-207 Board of Directors.
    (a) The board of directors of the association shall consist of not less than five nor more than nine member insurers serving terms as...
  • 431:16-208 Powers and Duties of the Association.
    (a) If a member insurer is an impaired insurer, the association may, in its discretion, and subject to any conditions imposed by the association...
  • 431:16-209 Assessments.
    (a) For the purpose of providing the funds necessary to carry out the powers and duties of the association, the board of directors shall assess...
  • 431:16-210 Plan of Operation.
    (a)(1) The association shall submit to the commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable,...
  • 431:16-211 Duties and Powers of the Commissioner.
    [(a)] In addition to the duties and powers enumerated elsewhere in this part, the commissioner shall: (1) Upon request of the board of directors,...
  • 431:16-212 Prevention of Insolvencies.
    (a) To aid in the detection and prevention of insurer insolvencies or impairments, it shall be the duty of the commissioner: (1) To notify...
  • 431:16-213 Credits for Assessments Paid.
    (a) A member insurer may offset against its premium tax liability (or liabilities) to this State an assessment described in section 431:16-209(h) to the...
  • 431:16-214 Miscellaneous Provisions.
    (a) Nothing in this part shall be construed to reduce the liability for unpaid assessments of the insureds of an impaired or insolvent insurer operating...
  • 431:16-215 Tax Exemptions.
    The association shall be exempt from payment of all fees and all taxes levied by this State or any of its subdivisions, except taxes...
  • 431:16-216 Immunity.
    There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer or...
  • 431:16-217 Stay of Proceedings; Reopening Default Judgments.
    All proceedings in which the insolvent insurer is a party in any court in this State shall be stayed one-hundred eighty days from the date...
  • 431:16-218 Prohibited Advertisement of Association Act in Insurance Sales; Notice to Policyholders.
    (a) No person, including an insurer, and a producer or affiliate of an insurer, shall make, publish, disseminate, circulate, or place before the public,...
  • 431:16-219 Repealed.
    L 2012, c 250, §13. Note The 2012 repeal of this section shall not apply to any proceedings in which a member insurer is...

ARTICLE 17
INSURANCE INFORMATION PROTECTION ACT--REPEALED

ARTICLE 19
CAPTIVE INSURANCE COMPANIES
PART I. GENERAL PROVISIONS

PART II. SPECIAL PURPOSE FINANCIAL CAPTIVE
INSURANCE COMPANIES

Part III. SPONSORED CAPTIVE INSURANCE COMPANIES

ARTICLE 20
TITLE INSURANCE AND TITLE INSURERS

ARTICLE 21
HAWAII PROPERTY INSURANCE ASSOCIATION

  • 431:21-101 Purpose.
    Hawaii hurricane relief fund, see chapter 431P. [§431:21-101] Purpose. The purpose of this article is to establish the Hawaii Property Insurance Association to: (1)...
  • 431:21-102 Definitions.
    Hawaii hurricane relief fund, see chapter 431P. [§431:21-102] Definitions. As used in the article: "Association" means the Hawaii Property Insurance Association created under section...
  • 431:21-103 Creation of Association.
    Hawaii hurricane relief fund, see chapter 431P. §431:21-103 Creation of association. (a) There is created a nonprofit unincorporated legal entity to be known as...
  • 431:21-104 Board of Directors.
    Hawaii hurricane relief fund, see chapter 431P. §431:21-104 Board of directors. (a) The board of directors shall have responsibility and control over the organization,...
  • 431:21-105 Powers and Duties of the Association.
    Hawaii hurricane relief fund, see chapter 431P. §431:21-105 Powers and duties of the association. (a) In addition to any other requirements imposed by law,...
  • 431:21-105.5 Default in Payment of Assessments.
    Hawaii hurricane relief fund, see chapter 431P. [§431:21-105.5] Default in payment of assessments. In the event any member insurer fails to pay any assessment...
  • 431:21-106 Plan of Operation.
    Hawaii hurricane relief fund, see chapter 431P. §431:21-106 Plan of operation. (a) The association shall submit to the commissioner a plan of operation and...
  • 431:21-107 Designation of Area.
    Hawaii hurricane relief fund, see chapter 431P. [§431:21-107] Designation of area. After consultation with representatives of the United States Geological Survey, the state department...
  • 431:21-108 Renewals of Existing Policies.
    Hawaii hurricane relief fund, see chapter 431P. [§431:21-108] Renewals of existing policies. Member insurers shall renew policies in existence on June 18, 1991, on...
  • 431:21-109 Insurance Coverages Available Under Plan.
    Hawaii hurricane relief fund, see chapter 431P. §431:21-109 Insurance coverages available under plan. (a) All properties qualifying for coverage under the plan of operation...
  • 431:21-110 Application; Inspection.
    Hawaii hurricane relief fund, see chapter 431P. [§431:21-110] Application; inspection. (a) Any person having an insurable interest in real or tangible personal property who...
  • 431:21-111 Duties and Powers of the Commissioner.
    Hawaii hurricane relief fund, see chapter 431P. [§431:21-111] Duties and powers of the commissioner. (a) The commissioner shall provide the association with a statement...
  • 431:21-112 Reports.
    Hawaii hurricane relief fund, see chapter 431P. [§431:21-112] Reports. (a) The association shall submit to the commissioner each year not later than one hundred...
  • 431:21-113 Appeals.
    Hawaii hurricane relief fund, see chapter 431P. §431:21-113 Appeals. Any applicant or member insurer affected by a decision of the association shall have the...
  • 431:21-114 Tax Exemptions.
    Hawaii hurricane relief fund, see chapter 431P. [§431:21-114] Tax exemptions. The association shall be exempt from payment of all fees and all taxes levied...
  • 431:21-115 Credits for Assessments Paid.
    Hawaii hurricane relief fund, see chapter 431P. [§431:21-115] Credits for assessments paid. A member insurer may offset against its premium tax liability to this...
  • 431:21-116 Examination.
    Hawaii hurricane relief fund, see chapter 431P. [§431:21-116] Examination. For the purpose of ascertaining its condition, or compliance with this article, the commissioner, as...
  • 431:21-117 Immunity and Limitation on Liability.
    Hawaii hurricane relief fund, see chapter 431P. §431:21-117 Immunity and limitation on liability. There shall be no liability on the part of and no...
  • 431:21-118 Status of Association Policies.
    Hawaii hurricane relief fund, see chapter 431P. [§431:21-118] Status of association policies. All financial institutions shall consider a policy issued by the association to...
  • 431:21-119 Issuance of New Policies; Removal of Moratorium.
    Hawaii hurricane relief fund, see chapter 431P. [§431:21-119] Issuance of new policies; removal of moratorium. If residential property insurance is unavailable due to a...

ARTICLE 22
LOSS MITIGATION GRANT PROGRAM

ARTICLE 30
INTERSTATE INSURANCE PRODUCT REGULATION COMPACT

Article 31
portable electronics insurance

Last modified: October 27, 2016