Case Notes
Supreme court of Hawai`i would not find that article 13 preempted suits against insurers for deceptive trade practices in violation of §480-2. 95 F.3d 791.
This article does not authorize a private cause of action. 795 F. Supp. 1036.
Article's administrative remedies not exclusive; bad faith cause of action may be brought by first-party insured for insurer misconduct. 82 H. 120, 920 P.2d 334.
As no private cause of action authorized under this article, summary judgment properly granted for workers' compensation insurer against employee's complaint of violation of this article by insurer. 83 H. 457, 927 P.2d 858.
No private cause of action exists under this article. 82 H. 363 (App.), 922 P.2d 976.
§431:13-106 Hearings. (a) Whenever the commissioner shall have reason to believe that any person has been engaged or is engaging in this State in any unfair method of competition or any unfair or deceptive act or practice, whether or not defined in section 431:13-103, and that a proceeding by the commissioner in respect thereto would be to the interest of the public, the commissioner shall issue and serve upon the person a statement of the charges in that respect and a notice of a hearing to be held at a time and place fixed in the notice, which shall not be less than fifteen days after the date of the service.
(b) At the time and place fixed for the hearing, the person shall have an opportunity to be heard and to show cause why an order should not be made by the commissioner requiring the person to cease and desist from the acts, methods or practices which are the subject of complaint.
(c) Procedures at the hearing shall be governed by chapter 91. [L 1987, c 347, pt of §2]
Section: Previous 431-12-115 431-12-116 431-13-101 431-13-102 431-13-103 431-13-104 431-13-105 431-13-106 431-13-107 431-13-108 431-13-201 431-13-202 431-13-203 431-13-204 431-14-101 NextLast modified: October 27, 2016