Hawaii Revised Statutes 431:15-102 Persons Covered.

Case Notes

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 insurance company on behalf of not only the insolvent insurer, but also its policyholders, creditors, and all other interested parties. 89 H. 427, 974 P.2d 1017.

This article applies to mutual benefit societies. 99 H. 53, 52 P.3d 823.

PART I. GENERAL PROVISIONS

§431:15-102 Persons covered. The proceedings authorized by this article may be applied to:

(1) All insurers and reinsurers who are doing, or have done, an insurance business in this State, and against whom claims arising from that business may exist now or in the future;

(2) All insurers who purport to do an insurance business in this State;

(3) All insurers who have insureds resident in this State;

(4) All other persons organized or in the process of organizing with the intent to do an insurance business in this State;

(5) All nonprofit service plans and all fraternal benefit societies and beneficial societies subject to chapter 432, Benefit Societies; and

(6) All title insurance companies, subject to article 20. [L 1987, c 347, pt of §2]

Case Notes

This section creates an exception to the general rule established by §432:1-101 that mutual benefit societies are typically exempt from provision of the Insurance Code; thus, this article applies to mutual benefit societies. 99 H. 53, 52 P.3d 823.

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Last modified: October 27, 2016