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
431:2-201 General Powers and Duties. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June 30, 2017). L 2014, c 158; L 2015, c...
431:2-201.2 Standards for Commissioner. State innovation waiver task force; health care reform plan; reports to 2015-2017
legislature (dissolved June 30, 2017). L 2014, c 158; L 2015, c...
431:2-201.3 Criminal Convictions; Consent to Engage in Business.] State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June 30, 2017). L 2014, c 158; L 2015, c...
431:2-201.5 Conformity to
Federal Law. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June 30, 2017). L 2014, c 158; L 2015, c...
431:2-201.8 Sales to Members of the Armed Forces. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June 30, 2017). L 2014, c 158; L 2015, c...
431:2-202 Orders and Notices. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June 30, 2017). L 2014, c 158; L 2015, c...
431:2-202.5 Approval; When Deemed Effective. State innovation waiver task force; health care reform plan; reports to 2015-2017
legislature (dissolved June 30, 2017). L 2014, c 158; L 2015, c...
431:2-203 Enforcement. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June 30, 2017). L 2014, c 158; L 2015, c...
431:2-204 Commissioner's Power to Subpoena. State innovation
waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June 30, 2017). L 2014, c 158; L 2015, c...
431:2-205 Commissioner to Receive Service of Legal Process on Foreign or Alien Insurer. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June 30, 2017). L 2014, c 158; L 2015, c...
431:2-206 How Service on Commissioner Made. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June 30, 2017). L 2014, c 158; L 2015, c...
431:2-207 Contempt Proceedings. State innovation waiver task force; health care reform plan; reports to 2015-2017
legislature (dissolved June 30, 2017). L 2014, c 158; L 2015, c...
431:2-208 Access to Records. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June 30, 2017). L 2014, c 158; L 2015, c...
431:2-209 Records and Reports. State innovation waiver task
force; health care reform plan; reports to 2015-2017 legislature (dissolved June 30, 2017). L 2014, c 158; L 2015, c...
431:2-210 Copies and Certificates As Evidence. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June 30, 2017). L 2014, c 158; L 2015, c...
431:2-211 Annual Report. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June 30, 2017). L 2014, c 158; L 2015, c...
431:2-212 Interstate Cooperation. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved
June 30, 2017). L 2014, c 158; L 2015, c...
431:2-214 the Commissioner's Education and Training Fund. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June 30, 2017). L 2014, c 158; L 2015, c...
431:2-215 Deposits to Compliance Resolution Fund.
State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June 30, 2017). L 2014, c 158; L 2015, c...
431:2-216 Assessments of Health Insurers. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June 30, 2017). L 2014, c 158; L 2015, c...
PART III. INVESTIGATIONS, EXAMINATIONS, HEARINGS
AND APPEALS
431:2-301 Purpose. The purpose of this part is to provide an effective and efficient system for examining the activities, operations, financial condition, and affairs of all...
431:2-301.5 Examiner Defined. For purposes of this part, "examiner" means any individual or firm authorized by
the commissioner to conduct an examination under the insurance code. [L...
431:2-301.6 Conflict of Interest. (a) No examiner may be appointed by the commissioner if the examiner, either directly or indirectly, has a conflict of interest or is affiliated...
431:2-301.7 Conduct of Examinations. (a)
Upon determining that an examination should be conducted, the commissioner or the commissioner's designee shall issue an examination warrant appointing one or more...
431:2-301.8 Immunity From Liability. (a) No cause of action shall arise nor shall any liability be imposed against any examiner appointed or otherwise designated as an examiner by...
431:2-302 Authority, Scope, and Scheduling of Examinations. (a) The commissioner or any authorized examiner may conduct an examination of any company as often as the commissioner deems appropriate, but, at a...
431:2-303 Examination of Producers, Adjusters, Promoters, and Independent Bill Reviewers. For the purpose
of ascertaining its condition, or compliance with this code, the commissioner may as often as the commissioner deems advisable examine the...
431:2-304 Examination of Guaranty Associations. (a) The Hawaii Insurance Guaranty Association shall be subject to examination and regulation by the commissioner. The board of directors shall submit, not later...
431:2-305 Examination Reports. (a) All examination reports shall be comprised of only facts appearing upon the books, records, or other documents of the insurer, its producers, or...
431:2-306 Examination Expense. (a) Examinations of: (1) Any insurer; (2) Any person subject to examination under section
431:2-303(2); or (3) Any insurance guaranty fund established pursuant to...
431:2-307 Repealed. L 1999, c 163, §20. Note L 1999, c 128, §§1 and 2 purport to amend this section.
431:2-307.5 Reimbursement and Compensation of Examiners; Source of Funds; Disposition of Receipts. (a) All moneys necessary
for the compensation and reimbursement of independent contractor examiners and insurance division staff examiners for actual travel expenses, reasonable living...
431:2-308 Administrative Procedure Act Applies. (a) The rules, notices, hearings, orders, and appeals provided for in this code are in all applicable respects subject to chapter 91, unless it...
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
431:2d-101 Legislative Intent. The purpose of this article is to establish a framework for insurance division market conduct actions, including: (1) Processes and systems for identifying, assessing,...
431:2d-102 Definitions. As used in this article, unless the context indicates otherwise:
"Commissioner" means the insurance commissioner of the State of Hawaii. "Complaint" means a written...
431:2d-103 Domestic Responsibility and Deference to Other States. (a) The commissioner shall be responsible for conducting market conduct examinations for policyholder protection, which shall be accomplished by comprehensive or targeted examinations of...
431:2d-104 Market Analysis Procedures. (a) The commissioner shall gather information from data currently available to the insurance division, as well as surveys and required reporting requirements, information collected...
431:2d-105 Protocols for Market Conduct Actions. (a) Market conduct actions taken as a
result of a market analysis shall focus on the general business practices and compliance activities of insurers,...
431:2d-106 Protocols for Market Conduct Examinations. (a) When market analysis identifies a pattern of conduct or practice by an insurer which requires further investigation, and less intrusive market conduct actions...
431:2d-107 Confidentiality Requirements. (a) Except as otherwise provided by law, market conduct surveillance personnel shall have free and full access to all books and records, employees, officers,...
431:2d-108 Market Conduct Surveillance Personnel. (a) Market conduct surveillance personnel shall be qualified
by education, experience, and, where applicable, professional designations. The commissioner may supplement the in-house market conduct...
431:2d-109 Immunity for Market Conduct Surveillance Personnel. (a) No cause of action shall arise nor shall any liability be imposed against the commissioner, the commissioner's authorized representatives, or an examiner appointed...
431:2d-110 Fines and Penalties. (a) Fines and penalties levied pursuant to this article or other provisions of this chapter shall be consistent, reasonable, and justified. (b) The commissioner...
431:2d-111 Data Collection and Participation in National Market Conduct Databases. (a) The commissioner shall collect and report
market data to the market information systems of the National Association of Insurance Commissioners, including the complaint...
431:2d-112 Coordination With Other States Through the National Association of Insurance Commissioners. The commissioner shall share information and coordinate the insurance division's market analysis and examination efforts with other states through the National
Association of Insurance...
431:2d-113 Additional Duties of the Commissioner. (a) At least once per year, or more frequently if deemed necessary, the commissioner shall make available in an appropriate manner to insurers and...
431:2d-114 Data Calls. Whether through market analysis, market conduct
action, or in response to another regulatory request, any information provided in response to a data call from the...
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
431:3-201 Authority Required. (a) No person shall act as an insurer and no insurer shall transact insurance business in this State other than as authorized by a...
431:3-202 Insurer's Name. (a) Every
insurer shall conduct its business in its own legal name. (b) No insurer shall assume or use a name deceptively similar to...
431:3-203 Qualifications for Authority. (a) To qualify for and hold a certificate of authority, an insurer must: (1) Be a stock, mutual, or reciprocal insurer of the same...
431:3-203.5
Foreign Insurer; Certification . (a) Notwithstanding section 431:3-203 or any other law to the contrary in this code, the commissioner shall grant a certificate of authority to any...
431:3-204 Classes of Insurance Authorized . An insurer which otherwise qualifies therefor may be authorized to transact any one or more classes of insurance as defined in sections 431:1-204 to...
431:3-205 Funds Required of New Insurers. Subject to section 431:3-203(a)(2), to qualify to transact any one class of insurance, an insurer, not existing and authorized in this State on July 1,...
431:3-206 Additional Funds Required, New Insurers. In addition to the paid-up capital stock or unimpaired surplus as
required under section 431:3-205 and section 431:3-208, the following insurers shall possess when...
431:3-207 Noncompliance As to Capital Stock and Surplus Permitted Certain Insurers for Five Years. (a) A domestic or foreign insurer holding a valid certificate of authority to transact insurance in this State as of July 1, 1988, for...
431:3-208 Funds Required of Existing and New Insurers for Transacting Additional Classes of Insurance. (a) An insurer otherwise qualified may be authorized to transact combinations of classes of insurance while having on deposit in a federally insured financial...
431:3-209 Deposits of Alien and Foreign Insurers; Special
Deposits. (a) To qualify for and hold a certificate of authority, an alien or foreign insurer must deposit and maintain on deposit assets equal in...
431:3-210 Determination of Capital Funds of Alien Insurer. (a) The capital funds of an alien insurer shall be deemed to be the amount by which its assets exceed its liabilities with respect...
431:3-211 Repealed. L 1997, c 12, §1 and c 233, §6.
431:3-212 Application for Authority. To apply for an original certificate of authority, an insurer shall: (1) File with the commissioner its request showing: (A) Its name, home office...
431:3-212.5 Redomestication of Authorized Insurers. (a) The certificate of authority, producer appointments and licenses, rates, and other items allowed by the commissioner, which are in existence at the time...
431:3-213 Authority Issued or Denied. (a) If the commissioner finds that an insurer has met the
requirements for and is fully entitled thereto under this code, the commissioner shall...
431:3-214 Extension; Amendment. (a) No certificate of authority shall contain an expiration date, but all certificates of authority shall be extended by the commissioner from time to...
431:3-215 Withdrawal From State;
Obligations. (a) No insurer other than a life insurer shall withdraw from this State until its direct liability to its policyholders and obligees under all...
431:3-216 Mandatory Refusal, Suspension or Revocation Provisions. The commissioner shall suspend, revoke, or refuse to extend an insurer's certificate of authority in addition to other grounds in this code, if the...
431:3-217 Discretionary Refusal, Suspension or Revocation Provisions. After a hearing the commissioner may suspend, revoke, or refuse to extend an insurer's certificate of authority, in addition to other grounds in this...
431:3-218 Procedure Upon Revocation; Suspension of Certificate of Authority. Upon revoking,
suspending, or refusing to extend an insurer's authority to transact insurance, the commissioner shall forthwith: (1) Give notice thereof to the insurer...
431:3-219 Suspension Period; Revocation. (a) Except as otherwise expressly provided in this code, the commissioner may suspend an insurer's certificate of authority for a period not to exceed...
431:3-220 Revival. An insurer whose certificate of authority has been suspended, revoked, or refused may subsequently be authorized if: (1) The grounds for the suspension, revocation,...
431:3-221 Power to Fine. In addition to or in lieu of the suspension, revocation, or refusal to extend any certificate of
authority, the commissioner, after hearing, may levy...
PART III. ANNUAL REQUIREMENTS AND LIMITING PROVISIONS
431:3-301 Annual and Quarterly Filings With Commissioner. (a) Each domestic, foreign, and alien insurer that is authorized to transact insurance in this State shall file annually with the commissioner, on or...
431:3-302 Annual and Quarterly Filings With the National Association of Insurance Commissioners. (a) Each domestic, foreign, and alien insurer that is authorized to transact insurance in this State shall file annually with the National Association of...
431:3-302.5 Annual Audit. (a) Annually on or before June 1,
or such later date as the commissioner upon request or for cause may specify, each domestic insurer...
431:3-303 Immunity. In the absence of actual malice, members of the National Association of Insurance Commissioners, their duly authorized committees, subcommittees, and task forces, their delegates,...
431:3-304 Confidentiality. All financial analysis ratios and examination synopses concerning insurance companies that are submitted to the insurance division by the National Association of Insurance Commissioners'...
431:3-304.5 Statement of Actuarial Opinion; Property and Casualty Insurance; Confidentiality. (a)
The statement of actuarial opinion shall be provided with the annual statement in accordance with the property and casualty annual statement instruction as adopted...
431:3-305 Accounts; Records. Every insurer shall keep full and adequate accounts and records of its assets, obligations, transactions, and affairs. Every domestic insurer shall maintain said accounts...
431:3-306 Limit of Risk. (a) No insurer shall retain net any risk on any one subject of insurance, whether located or to be performed in this State or...
431:3-306.5 Residential Hurricane Coverage. (a) Upon written request of the commissioner by certified mail, an insurer writing the peril of residential
hurricane coverage in this State shall within thirty...
431:3-307 Free Insurance. Except as otherwise provided by law, no insurer, either domestic, foreign or alien, shall issue or cause to be issued any policy of insurance...
431:3-308 Alien Government Owned Insurers. No license to transact any kind of
insurance business in this State shall be issued or renewed to any foreign or alien insurer or...
431:3-309 Disclosure of Profits by Insurers. All insurance companies transacting business in this State under authority provided by this code or any other provision of Hawaii law shall, within three...
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
431:3a-201 Initial Privacy Notice to Consumers Required. (a) A licensee shall provide a clear and conspicuous notice that accurately reflects its privacy policies and practices to a consumer: (1) Not later...
431:3a-202 Annual Privacy Notice to Customers
Required. (a) A licensee shall provide a clear and conspicuous notice to customers that accurately reflects its privacy policies and practices not less than annually during...
431:3a-203 Information to Be Included in Privacy Notices. (a) The initial, annual, and revised privacy notices that a licensee provides under sections 431:3A-201, 431:3A-202, and 431:3A-205 shall include the
following information, in addition...
431:3a-204 Form of Opt Out Notice to Consumers and Opt Out Methods. (a) A licensee shall provide an opt out notice to each of the licensee's consumers that is clear and conspicuous and accurately explains the...
431:3a-205 Revised Privacy Notices. (a) Except as
otherwise provided in this article, a licensee shall not, directly or through an affiliate, disclose any nonpublic personal financial information about...
431:3a-206 Delivery. (a) A licensee shall provide any notices required under this article so that each consumer can reasonably be expected to receive actual notice in...
PART III. LIMITS ON DISCLOSURES OF FINANCIAL INFORMATION
431:3a-301 Limits on Disclosure of Nonpublic Personal Financial Information to Nonaffiliated Third Parties. (a) Except as otherwise authorized under this article, a licensee may not disclose, directly or through any affiliate, any nonpublic personal financial information about...
431:3a-302 Limits on
Redisclosure and Reuse of Nonpublic Personal Financial Information. (a) If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution under an exception in section 431:3A-402 or 431:3A-403, the licensee's...
431:3a-303 Limits on Sharing Account Number Information for Marketing Purposes. (a) A licensee shall not disclose, directly or through an
affiliate other than to a consumer reporting agency, a policy number or similar form...
PART IV. EXCEPTIONS TO LIMITS ON DISCLOSURES OF FINANCIAL INFORMATION
431:3a-401 Exception to Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Service Providers and for Joint Marketing. (a) The opt out requirements in sections 431:3A-204 and 431:3A-301 shall
not apply if a licensee provides nonpublic personal financial information to a nonaffiliated...
431:3a-402 Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Processing and Servicing Transactions. (a) The requirements for initial notice under section 431:3A-201, for the opt out in sections 431:3A-204 and 431:3A-301, and for service providers
and joint marketing...
431:3a-403 Other Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information. (a) The requirements for initial notice in section 431:3A-201, the opt out in sections 431:3A-204, and 431:3A-301, and service providers and joint marketing in...
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
431:4-101 Definitions. As used in this article: (1) Surplus funds means the excess of the insurer's assets over its liabilities, including its capital stock as a...
431:4-102 Types of Insurers Permitted. An insurer formed in this State shall be either: (1) An incorporated stock insurer, (2) An incorporated mutual insurer which charges for and collects...
431:4-103 Corporation Law Applies in General. The laws of this State relating to private corporations, except where
inconsistent with the express provisions of this code, shall apply to incorporated domestic...
431:4-104 Articles of Incorporation. (a) This section applies to insurers incorporated in this State. (b) The incorporators shall be individuals who are United States citizens, and a majority...
431:4-105
Affidavit. (a) Before applying to the commissioner for an initial certificate of authority, a stock or mutual insurer is required to file with the commissioner...
431:4-106 Board of Directors. The board of directors of a domestic insurer shall consist of not less than five individuals, at least three-fourths of the individuals shall be...
431:4-106.5 Membership in Mutual or Subscriber in Reciprocal Insurers; No Personal Liability of Representative. Any person may make application to enter into agreement for and hold policies or contracts in or with and be a member or subscriber...
431:4-107 Solicitation Permit Required. (a) No person forming or
proposing to form in this State any of the following shall advertise, solicit or receive any funds, agreement, stock...
431:4-108 Application for a Solicitation Permit. To apply for a solicitation permit a person shall: (1) File with the commissioner a request showing: (A) Name, type and purpose of insurer...
431:4-109 Permit Issued or Denied. (a) The commissioner shall expeditiously examine the application for a solicitation permit and make any investigation relative thereto deemed necessary. (b) The commissioner shall...
431:4-110 Bond or Cash Deposit. (a) The commissioner shall not issue a solicitation permit until
the person applying therefor files with the commissioner a corporate surety bond in the...
431:4-111 Expiration and Contents. Every solicitation permit issued by the commissioner shall: (1) Expire two years from its date, unless earlier terminated by the commissioner, and shall so...
431:4-112 Permit Not an
Inducement. The granting of a solicitation permit is permissive only and shall not constitute an endorsement by the commissioner of any person or thing related...
431:4-113 Organization Solicitor's License. Solicitation for sale of securities to members of the public under a solicitation permit shall be made only by individuals registered therefor pursuant to...
431:4-114 Revocation of Solicitation Permit. (a) The commissioner shall revoke a solicitation permit if requested in writing by: (1) A majority of the incorporators and at least two-thirds of...
431:4-115 Escrow of Funds. (a) All funds received pursuant to a solicitation permit shall be deposited and held in escrow in a bank or
trust company under an...
431:4-116 Expense Pending Completion. (a)(1) The incorporators of any insurer shall be jointly and severally liable for its debts or liabilities until it has secured a certificate of...
431:4-117 Issuance and Forfeiture of Securities. (a) No proposed stock insurer or
corporation shall issue any share of stock or participation agreement until: (1) All subscriptions received under the solicitation...
431:4-118 Insurance Application. All applications for insurance obtained in forming a mutual or reciprocal insurer shall provide that: (1) Issuance of the policy is contingent upon completion...
431:4-119 Refund Upon Failure to Complete or Qualify or Upon Revocation of Solicitation Permit. (a) The commissioner shall withdraw all funds held in escrow and refund to subscribers or applicants all sums paid in on stock subscriptions, less...
431:4-120 Subsequent Financing. (a) No domestic insurer, insurance
holding corporation, stock corporation for financing operations of a mutual insurer, or attorney-in-fact corporation of a reciprocal insurer shall...
431:4-121 False Exhibits. Every person who, with intent to deceive knowingly exhibits any false account, document or advertisement, relative to the affairs of any insurer, or of...
431:4-122 Depositaries. The funds of a domestic insurer shall not be deposited in any bank or banking institution which has not first been approved as a...
431:4-123 Corrupt Practices. No person shall buy, sell or barter a vote or proxy, relative to any meeting of shareholders or members of an incorporated domestic
insurer,...
431:4-124 Prohibited Guaranty. No domestic insurer or its affiliates or subsidiaries shall guarantee the financial obligation of any director or officer of such insurer or affiliate or...
431:4-125 Fees on Use of Funds. (a) No director, officer or employee having any authority in the
investment or disposition of the funds of a domestic insurer shall accept, except...
431:4-126 Comply With Foreign Laws. Any domestic insurer doing business in a state, territory or sovereignty may design and issue insurance contracts and transact insurance in such state, territory...
431:4-127 Solicitation in
Other States. (a) No domestic insurer shall knowingly solicit insurance business in any reciprocating state in which it is not then licensed as an authorized insurer....
PART II. DOMESTIC STOCK INSURERS
431:4-201 Other Laws Applicable. Domestic stock insurers shall be subject to title 23 and any applicable general laws enacted pertaining to stock corporations except where
inconsistent with the...
431:4-202 Increase of Capital. (a) A domestic stock insurer may increase its capital stock by complying with section 414-281 and section 431:4-120. The increase in capital shall be...
431:4-203 Decrease of Capital. (a) A domestic stock insurer may decrease its capital stock by:
(1) Vote of not less than seventy-five per cent of the holders of...
431:4-204 Dividends to Stockholders. (a) No domestic stock insurer shall pay any cash dividend to stockholders except out of that part of its available surplus funds which is...
431:4-205 Illegal Dividends; Reductions. Any director of
a domestic stock insurer who votes for or concurs in the declaration or payment of any dividend to stockholders or a...
431:4-206 Repayment of Contributed Surplus. Contributions to the surplus of a domestic stock insurer, other than resulting from sale of its capital stock, shall not be subject to repayment...
431:4-207 Participating Policies. (a) Any domestic stock insurer may, if its charter so provides, issue policies entitled to participate from time to time in the earnings of...
431:4-208 Statement by Beneficial Owner, Director, Officer. Every person who is directly or indirectly the beneficial owner of more than
ten per cent of any class of any equity security of...
431:4-209 Recovery of Profits Realized. For the purpose of preventing the unfair use of information which may have been obtained by the beneficial owner, director, or officer by reason...
431:4-210 Unlawful Sales of Equity Security. It shall be
unlawful for any beneficial owner, director or officer, directly or indirectly, to sell any equity security of such company if the...
431:4-211 Exempt Transactions. Section 431:4-209 shall not apply to any purchase and sale, or sale and purchase, and section 431:4-210 shall not apply to any sale, of...
431:4-212
Arbitrage Transactions Not Affected. Section 431:4-208 to section 431:4-210 shall not apply to foreign or domestic arbitrage transactions unless made in contravention of such rules and regulations as...
431:4-213 Exempt Equity Securities. Section 431:4-208 to section 431:4-210 shall not apply to equity securities of a domestic stock insurance company (1) if the equity securities of such...
431:4-214 Rules and Regulations. The commissioner may make such rules and regulations as may be necessary for the execution of the functions vested in the commissioner by section...
PART IIA. PROXIES, CONSENTS, AND AUTHORIZATIONS OF DOMESTIC STOCK INSURERS
431:4-231 Applicability.
This part is applicable to all domestic stock insurers having one hundred or more stockholders; provided that this part shall not apply to any...
431:4-232 Schedule A: Information Required in a Proxy Statement. (a) When applicable, information in schedule A shall include, among other things: (1) Whether or not the person giving the proxy has the power...
431:4-233 Schedule B: Information to Be Included in Statements Filed by or on Behalf of a Participant Other Than an Insurer in a Proxy Solicitation in an Election Contest. Information in schedule B shall include, among other things: (1) The name and address of the insurer; (2) Detailed information about the participant; (3)...
431:4-234 Proxies, Consents, and Authorizations. No domestic stock insurer, or any director, officer, or employee of the insurer, or any other person, shall solicit, or permit the use of...
431:4-235 Schedules and Exhibits. Reporting of the information required in schedule A under section 431:4-232 and in schedule
B under section 431:4-233, and the exhibit entitled "stockholders information...
431:4-236 Disclosure of Equivalent Information. Unless proxies, consents, or authorizations with respect to a stock of a domestic insurer, subject to section 431:4-231, are solicited by or on behalf...
431:4-237 Definitions.
As used in this part: "Participant" or "participant in a solicitation" includes: (1) The insurer; (2) Any director of the insurer and any proxy...
431:4-238 Information to Be Furnished to Stockholders. (a) No solicitation shall be made unless the person solicited is concurrently furnished or has previously been furnished with a written proxy statement containing...
431:4-239 Requirements As to Proxy. (a) The form of proxy shall: (1) Indicate in boldface type whether or not the proxy is solicited on behalf of the management; (2)...
431:4-240 Material Required to Be Filed. (a) Two preliminary copies of the proxy statement and form of proxy and any other soliciting material to be furnished to
stockholders concurrently therewith...
431:4-241 False or Misleading Statements. No solicitation subject to this part shall be made by means of any proxy statement, form of proxy, notice of meeting, or other communication,...
431:4-242 Prohibition of Certain Solicitations. No person making a
solicitation shall solicit any undated or postdated proxy or any proxy which provides that it shall be deemed to be...
431:4-243 Election Contests; Applicability. This part shall apply to any solicitation by any person or group for the purpose of opposing a solicitation by any person or group...
431:4-244 Filing
of Information Required by Schedule B. (a) No solicitation shall be made by any person, other than the management of an insurer unless at least five business days prior thereto...
431:4-245 Solicitations Prior to Furnishing Required Written Proxy Statement. Notwithstanding section 431:4-238(a), a solicitation subject to this part may be made prior to furnishing stockholders a written proxy
statement containing the information specified...
431:4-246 Solicitation Prior to Furnishing Required Written Proxy Statement; Filing Requirements. Two copies of any soliciting material proposed to be sent or given to stockholders prior to the furnishing of the written proxy statement required...
431:4-247
Application of This Part to Annual Report. Notwithstanding section 431:4-238(b) and (c), two copies of any portion of the annual report referred to in section 431:4-238(b), which comments upon or refers...
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
431:4-501 Reorganization, Merger or Consolidation. (a) A domestic insurer may reorganize, merge or consolidate with another insurer subject to the provisions of this part, and subject to the following...
431:4-502 Mutualization of Stock Insurers. (a) Any domestic stock insurer may become a
domestic mutual insurer pursuant to such plan and procedure as are approved by the commissioner in...
431:4-503 Conversion or Reinsurance of Mutual Insurer. (a) No domestic mutual insurer shall be converted, changed, or reorganized as a stock corporation. (b) Such an insurer may be wholly reinsured in,...
431:4-504 Merger or Conversion of Reciprocal Insurer. (a) A domestic reciprocal insurer, upon affirmative vote of not less than two-thirds of the subscribers who vote upon such merger pursuant to such...
ARTICLE 4A CREDIT FOR REINSURANCE
431:4a-101 Credit Allowed a Domestic Ceding Insurer. (a)
Credit for reinsurance shall be allowed a domestic ceding insurer as either an asset or a reduction from liability on account of reinsurance ceded...
431:4a-102 Asset or Reduction From Liability for Reinsurance Ceded by a Domestic Insurer to an Assuming Insurer. An asset or reduction from liability for the reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements
of section...
431:4a-103 Qualified United States Financial Institutions. (a) For purposes of section 431:4A-102(3), a "qualified United States financial institution" means an institution that: (1) Is organized or (in the case of a...
431:4a-104 Rules. The commissioner may adopt rules under chapter 91
implementing this article. [L 1992, c 176, pt of §5]
431:4a-105 Repealed. L 2014, c 234, §3. [§431:4A-105] Reinsurance agreements affected. [Section effective until December 31, 2014, and repealed on January 1, 2015.] Sections 431:4A-101 through 431:4A-104...
ARTICLE 4F STATE OF ENTRY FOR ALIEN INSURERS
431:4f-101 Definitions. As used in this article, unless the context requires otherwise: "Alien insurer" has the same meaning as set forth in section 431:3-101. "Trusteed assets"...
431:4f-102 Scope. This article applies to a United States branch using this State as a state of entry to transact insurance in the
United States. The...
431:4f-103 Authorization of Entry. (a) An alien insurer may use this State as a state of entry to transact insurance in the United States through a United States...
431:4f-104 Maintenance of Trust Account. The trusteed assets, or the assets of the trust account of an alien
insurer, as required by section 431:4F-103, shall at all times be in...
431:4f-105 Requirements for Trust Agreement. (a) The terms of the trust agreement required by section 431:4F-103 shall be set forth in a deed of trust. The deed of trust and...
431:4f-106 Reporting Requirements for United States Branches
of Alien Insurers. (a) In addition to other requirements of the insurance code, every authorized United States branch shall complete and file the report required of a domestic...
431:4f-107 Additional Requirements for United States Branch License. (a) Before issuing any new or renewal license to any United States branch, the commissioner may require satisfactory proof, either in the alien
insurer's charter...
431:4f-108 Authority of Commissioner. Whenever it appears to the commissioner from any annual statement, quarterly statement, trusteed surplus statement, or any other report that a United States branch's trusteed...
ARTICLE 5 FINANCIAL CONDITION PART I. STANDARDS
431:5-101 Impairment of Capital. (a) (1) A domestic stock insurer's capital stock shall be deemed to be impaired if its qualified assets at any time are less than...
431:5-102 Impairment of Surplus. (a) (1) A domestic mutual insurer's surplus shall be deemed to be impaired if its qualified assets are less than its
liabilities, plus the...
431:5-103 Impairment of Reciprocal's Surplus. (a) (1) A domestic reciprocal insurer's surplus shall be deemed to be impaired if its qualified assets are at any time insufficient to discharge...
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
431:5-301 Unearned Premium Reserve. (a) Every insurer shall maintain an unearned premium reserve on all policies in force for: (1) Insurance against loss or damage to property, except...
431:5-302 Unearned Premium Reserve for Marine and Transportation. Marine and transportation insurance policy premiums on trip risks not terminated shall be deemed unearned. The commissioner may require the insurer to carry a...
431:5-303 Active Life Reserves and Unearned Premium Reserves for Noncancellable Disability
Insurance. (a) The legal minimum standard for computing the active life reserve, including the unearned premium reserve, of noncancellable disability policies shall be based on...
431:5-304 Loss Reserves for Liability and Workers' Compensation Insurance. The reserves for outstanding losses and loss expenses under policies of liability insurance and workers' compensation insurance shall be
determined in accordance with the...
431:5-305 Increased Reserves. (a) If the commissioner determines that an insurer's unearned premium reserves, however computed, are inadequate, the commissioner may require the insurer to compute such...
431:5-306 Reserve Credit for Reinsurance. (a) An insurer may
take credit for reserves on risks ceded to a reinsurer to the extent reinsured, except that: (1) No credit shall...
431:5-307 Standard Valuation Law; Life. (a) This section shall be known as the standard valuation law. (b)(1) For policies and contracts issued prior to the operative date of the...
431:5-308
Valuation of Bonds. (a) All bonds or other evidences of debt having a fixed term and rate held by any insurer may, if amply secured and not...
431:5-309 Valuation of Other Securities. (a) Any security, other than a security covered by section 431:5-308, is required to be valued at its market value or, if there is...
431:5-310 Valuation of Property. (a) Real property acquired pursuant to a mortgage loan or a contract for a deed, in the absence of a recent appraisal deemed by...
431:5-311 Valuation of Purchase Money Mortgages. Purchase money mortgages on real property referred to in section 431:5-310 shall be valued in an amount
not exceeding the acquisition cost of the...
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
431:6-201 Required Investments for Capital and Reserves. (a) An insurer shall invest and keep invested its funds aggregating in amounts, if a stock insurer, not less than sixty per cent of...
PART III. PERMITTED INVESTMENTS
431:6-301 Public Obligations. (a) An insurer may invest any of its funds in bonds or other evidences of debt, not in default as to principal or interest,...
431:6-302 Corporate Obligations. An insurer may invest any of its funds in obligations other than those eligible for investment under section
431:6-306 if they are: (1) Issued,...
431:6-303 Preferred or Guaranteed Stocks or Shares. An insurer may invest any of its funds, in an aggregate amount not exceeding fifteen per cent of its assets, in preferred or guaranteed...
431:6-304 Trustees or Receivers Obligations. An insurer may invest any of
its funds, in an aggregate amount not exceeding two per cent of its assets, in certificates, notes or...
431:6-305 Equipment Trust Obligations. An insurer may invest any of its funds, in an aggregate amount not exceeding ten per cent of its assets, in equipment trust obligations...
431:6-306 Mortgage Loans and
Contracts. An insurer may invest any of its funds in: (1) (A) Bonds or evidences of debt which are secured by first mortgages or deeds...
431:6-307 Mortgage Loan Limited by Property Value. (a) No mortgage loan or investment therein upon any one parcel of real property shall exceed in amount at the time of acquisition: (1)...
431:6-308 Encumbrance Defined. (a) Real property shall not be deemed to be encumbered within the meaning of section 431:6-306 by reason of the existence of instruments reserving...
431:6-309 Appraisal; Insurance; Limit. (a) The fair value of property shall be determined by appraisal by a competent appraiser at the
time of the making or acquiring of...
431:6-310 Security Agreements. (a) In connection with a mortgage loan on the security of real property designed and used primarily for residential purposes only acquired pursuant to...
431:6-311 Real Property Owned. (a) An insurer other than a life insurer may own
and invest, or have invested in its home office and branch office buildings, any...
431:6-312 Time Limit for Disposal. (a) Real property acquired by an insurer pursuant to section 431:6-311(e)(1) shall be disposed of within three years after it has ceased being necessary...
431:6-313 Foreign Securities.
(a) An insurer authorized to transact insurance in a foreign country may invest any of its funds, in an aggregate amount not exceeding its...
431:6-314 Policy Loans. An insurer may loan upon a life insurance policy, as collateral security, any sum not exceeding the cash surrender value of the policy. [L...
431:6-315 Banks, Savings and Loan Associations, Credit Unions, and Financial Services Loan Companies. (a) An insurer may invest or deposit any of its funds in checking or savings accounts, under separate certificates of deposit, or in any...
431:6-316 Insurance Stocks. (a) An insurer other than a life insurer may
invest a portion of its surplus funds in an aggregate amount not exceeding fifty per...
431:6-317 Common Stocks. (a) To meet the requirements under section 431:6-201, an insurer may invest any of its funds in common shares of stock that are filed...
431:6-318 Collateral Loans. An insurer is permitted to
loan its funds upon the pledge of securities or evidences of debt eligible for investment under this article. As...
431:6-319 Miscellaneous Investments. (a) An insurer may loan or invest its funds in an aggregate amount not exceeding the lesser of the following sums: Five per cent...
431:6-320 Special Consent
Investments. Upon approval of the commissioner and in compliance with section 431:6-104, an insurer may make any investment or kind of investment or exchange of...
431:6-321 Hedging Transactions. (a) A domestic insurer may effect or maintain bona fide hedging transactions pertaining to securities otherwise eligible for investment under this part including, but not...
431:6-322 Common Trust Funds; Mutual Funds; and Exchange Traded Funds. (a) For purposes of this section: "Common trust funds" means a fund maintained by a bank exclusively for the collective investment and reinvestment of moneys...
431:6-323 Separate Accounts. (a) A life insurer, after adoption of a resolution by
its board of directors and certification thereof to the commissioner, may allocate to one or...
431:6-324 Subsidiaries. (a) Any domestic insurer, either by itself or in cooperation with one or more persons, may organize or acquire one or more subsidiaries subject to...
PART IV. PROHIBITED INVESTMENTS AND LIMITATIONS
431:6-401 Prohibited Investments. In addition to investments excluded under other provisions of this article, an insurer shall not, except with the commissioner's approval in advance, invest in...
431:6-402 Securities Underwriting; Agreements to Withhold or to Repurchase. No insurer shall: (1) Participate in the
underwriting of the marketing of securities in advance of their issuance or enter into any transaction for...
431:6-403 Disposal of Ineligible Property and Securities. (a) Any personal property or securities lawfully acquired by an insurer, which it could not otherwise have invested in or loaned its funds upon...
431:6-404 Authorization of Investments. No investment, loan, sale, or exchange, except a loan upon a life insurance policy, shall be made by any domestic insurer unless authorized or...
PART V. INVESTMENT OF FOREIGN AND ALIEN INSURERS
431:6-501 Investments of Foreign, Alien Insurers. The
investments of a foreign or alien insurer shall be as permitted by the laws of its domicile, but shall be of a quality...
PART VI. INVESTMENT POOLS
431:6-601 Insurer Investment Pools. (a) For purposes of this section: "Business entity" means a corporation, limited liability company, association, partnership, joint stock company, joint venture, mutual fund trust,...
431:6-602 Securities Lending, Repurchase, Reverse Repurchase, and Dollar Roll; Investment Pools. (a) For purposes of this section, "business entity" includes a sole proprietorship, corporation, limited liability company, association, partnership, joint stock company, joint venture, mutual...
ARTICLE 7 FEES, TAXES AND DEPOSITS PART I. FEES
431:7-101 Fees. (a) The commissioner shall collect, in advance, the following fees: (1) Certificate of authority: (A). Application for a certificate of authority...$900 (B). Issuance of certificate...
431:7-202 Taxation. (a) Each authorized insurer, except with respect to all life insurance contracts, ocean marine
insurance contracts, and real property title insurance contracts, shall pay...
431:7-202.5 Additions to Taxes for Noncompliance or Evasion; Interest on Underpayments and Overpayments. The provisions of section 231-39 shall apply to taxes under this article. [L 1992, c 236, §2]
431:7-203 Administrative
Refunds. (a) If any person has paid to the commissioner any tax, fee, or other charge in error or in excess of that which the...
431:7-204 in Lieu Provision. As to insurers, the taxes and fees imposed by section 431:7-201 to section 431:7-204, and the fees imposed by this code, when paid shall...
431:7-204.5 Appeals. Notwithstanding section 431:2-308, any person aggrieved by any assessment of the tax for any month or any year may appeal from the assessment in...
431:7-204.6 Limitation Period for Assessment, Levy, Collection, or Refund. (a) The amount of insurance taxes imposed by this chapter shall be
assessed or levied within three years after the annual return was filed,...
431:7-205 Reports to Department of Taxation. The commissioner shall promptly report to the department of taxation all amounts of taxes collected under section 431:7-201 to section 431:7-204 and section 431:8-315...
431:7-206 Domestic
Company Credit for Retaliatory Taxes Paid Other States. If by the laws of any state other than this State, or by the action of any public official of another state, any insurer...
431:7-207 Tax Credit to Facilitate Regulatory Oversight. (a) Each authorized insurer that meets the requirements of subsection (b) may claim a tax credit under this section against the tax imposed by...
431:7-208 Low-Income Housing, Insurance Premium Tax Credit. The low-income housing tax credit provided under section 235-110.8 shall be operative for this chapter and may be claimed against the tax imposed under...
431:7-209 High Technology Business Investment Tax Credit. (a) The high technology business investment
tax credit provided under section 235-110.9 shall be operative for this chapter on July 1, 1999. (b) For...
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
431:8-201 Transacting Insurance Business Without Certificate of Authority Prohibited. It shall be unlawful for any insurer to transact an insurance business in this State, as defined in section 431:1-215, without a certificate of...
431:8-202 Acting for or Aiding Unauthorized Insurer Prohibited. (a) No person shall directly or indirectly act as producer for, or otherwise represent or aid on behalf of another, any unauthorized insurer in...
431:8-203 Validity of Contracts Illegally Effectuated. A contract of insurance effectuated by an
unauthorized insurer in violation of this article shall be voidable except at the instance of the insurer....
431:8-204 Liability of Person Assisting Unauthorized Insurer. In the event of failure of any such unauthorized insurer to pay any claim or loss within the provisions of such insurance contract, any...
431:8-205 Insurance Independently Procured; Duty to Report and Pay Tax. (a) Nothing in this part shall prohibit a person from independently procuring, continuing, or renewing insurance from an insurer which is not authorized to...
431:8-206 Commissioner May Enjoin Unauthorized Insurers. Whenever the commissioner
believes, from evidence satisfactory to the commissioner, that any insurer is violating or about to violate the provisions of section 431:8-201,...
431:8-207 Legal Process Against Unauthorized Insurer; How Service of Process Made. (a) Any act of transacting an insurance business in this State by any unauthorized insurer is equivalent to and shall constitute an irrevocable appointment...
431:8-208 Defense of Action by Unauthorized Insurer; Bond. (a) Before any unauthorized insurer files or causes to be filed any pleading in any court action, suit, or proceeding, or any notice, order,...
431:8-209 Attorney's Fees. In an action against an unauthorized insurer upon a contract of insurance issued or
delivered to a person in this State, if the insurer has...
431:8-210 Advertising Prohibited. (a) No publication published in this State, or radio or television broadcaster, or any other agency or means for the dissemination of information operated...
431:8-211 Penalties. (a) Any person, other than an
insured, who represents or aids an unauthorized insurer in violation of this part may be subject to a...
PART III. SURPLUS LINES INSURANCE
431:8-300 Exemptions From Surplus Lines Law. §431:8-300 Exemptions from surplus lines law. This part shall not apply to reinsurance or to the following insurance when placed by a licensed producer...
431:8-301 Insurance Placed With Unauthorized Insurer Permitted. (a) In addition to section 431:8-205, insurance may be procured from an unauthorized insurer; provided that: (1) The insurance is procured through a surplus...
431:8-302 Surplus Lines Insurers. (a) No surplus lines broker shall, either knowingly or
without reasonable investigation of the financial condition and general reputation of the insurer, place insurance...
431:8-303, 304 Repealed. L 1989, c 207, §16.
431:8-305 Evidence of Insurance; Changes; Penalties. (a) Upon placing surplus lines insurance, the surplus lines broker shall as soon as
reasonably possible deliver to the insured the policy or, if...
431:8-306 Signature of Broker and Special Endorsement of Surplus Lines Policy. Every insurance contract procured and delivered as a surplus lines coverage pursuant to this part, including any evidence of insurance other than a policy,...
431:8-307
Broker's Duty to Notify Insured . No contract of insurance placed by a surplus lines broker under this part and no premium charged therefor shall be due and payable until...
431:8-308 Surplus Lines Insurance Valid. Insurance contracts procured as surplus lines coverage from unauthorized insurers shall be fully valid and enforceable as to all parties, and shall be given...
431:8-309 Effect of Payment to Surplus Lines Broker. Payment of a premium to a surplus lines broker acting for a person other than the surplus lines broker in negotiating, continuing, or reviewing...
431:8-310 Surplus Lines Broker License Required; Application and Qualifications for License. (a) No person shall
procure any contract of surplus lines insurance with an unauthorized insurer unless the person is licensed as a surplus lines...
431:8-311 Compensation. §431:8-311 Compensation. A licensed surplus lines broker may accept and place surplus lines business from any producer licensed in this State for the class...
431:8-312 Records of Surplus Lines Broker. (a) Each licensed surplus lines broker shall keep in the broker's office in this State a full and true record of each surplus lines...
431:8-313 Surplus Lines Broker's Reports to Commissioner. (a) Each surplus lines broker shall file with the commissioner on or before
March 15, 2011, a verified statement of all surplus lines insurance...
431:8-314 Surplus Lines Advisory Organizations. (a) An advisory surplus lines organization of surplus lines brokers may be formed to: (1) Facilitate and encourage compliance by its members with the...
431:8-315 Tax on Surplus Lines.
(a) On or before March 15, 2011, each surplus lines broker shall pay to the director of finance, through the commissioner, a premium tax...
431:8-316 Penalty for Failure to File Statement or Remit Tax. (a) If any surplus lines broker fails to: (1) File statements required by section 431:8-313; or (2) Pay the premium tax required by section 431:8-315...
431:8-317 License Denial, Nonrenewal, Suspension, or Revocation. (a) The commissioner may deny, place on probation, suspend, revoke, or refuse to issue or renew any surplus lines broker's license and may levy a...
431:8-318 Examination of Surplus Lines Broker's Accounts and Records . Whenever deemed necessary the
commissioner may examine the records and accounts of any surplus lines broker to determine whether the broker is conducting business...
431:8-319 Actions Against Surplus Lines Insurer; Service of Process. (a) A surplus lines insurer may be sued upon any cause of action arising in this State under any surplus lines insurance contract made...
431:8-320 Penalties. (a) Any surplus lines broker who in this State represents or aids an unauthorized insurer in violation of this article may be fined not...
431:8-321 Nonresident Licensing. (a) Except as provided in section 431:8-317, a nonresident applicant shall receive a nonresident surplus lines broker
license if: (1) The applicant is currently...
431:8-322 Reciprocity. (a) The commissioner shall waive any requirements for a nonresident surplus lines broker license applicant with a valid license from the applicant's home state,...
431:8-323 Exemption From Examination. (a) Subject to section 431:8-322,
an individual who applies for a nonresident surplus lines broker license in this State who was previously licensed to...
431:8-324 Surplus Lines Broker License Examination . (a) An applicant for a surplus lines broker license shall pass a written examination unless exempt pursuant to section 431:8-323. The examination shall test...
431:8-325 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 property,...
431:8-326 Time of Examinations. (a) The commissioner shall give examinations within this State at times and
places as may reasonably serve the convenience of both the commissioner and...
431:8-327 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...
431:8-328 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...
431:8-329 Commissioner S Authority to Grant Waiver. 's authority to grant waiver. Upon receiving a written request and a showing of good cause, the commissioner may grant a waiver of any requirement...
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
431:9-301 to 305 Repealed. L 2002, c 155, §108.
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
431:9b-101 Definitions. Credit for reinsurance, see
article 4A. Law Journals and Reviews Reinsurance Intermediaries: Law and Litigation. 29 UH L. Rev. 59 (2006). §431:9B-101 Definitions. For...
431:9b-102 Licensure. Credit for reinsurance, see article 4A. Law Journals and Reviews Reinsurance Intermediaries: Law and Litigation. 29 UH L. Rev. 59 (2006). §431:9B-102 Licensure. (a)...
431:9b-103 Required Contract Provisions; Reinsurance Intermediary-Brokers. Credit for reinsurance, see article 4A. Law Journals and Reviews Reinsurance Intermediaries: Law and Litigation. 29 UH L. Rev. 59 (2006). §431:9B-103 Required contract...
431:9b-104 Books and Records; Reinsurance Intermediary-Brokers.
Credit for reinsurance, see article 4A. Law Journals and Reviews Reinsurance Intermediaries: Law and Litigation. 29 UH L. Rev. 59 (2006). §431:9B-104 Books and...
431:9b-105 Duties of Insurers Utilizing the Services of a Reinsurance Intermediary-Broker. Credit for reinsurance, see article 4A. Law Journals and Reviews Reinsurance Intermediaries: Law and Litigation. 29 UH L. Rev. 59 (2006).
[§431:9B-105] Duties of...
431:9b-106 Required Contract Provisions; Reinsurance Intermediary-Managers. Credit for reinsurance, see article 4A. Law Journals and Reviews Reinsurance Intermediaries: Law and Litigation. 29 UH L. Rev. 59 (2006). §431:9B-106 Required contract...
431:9b-107 Prohibited Acts.
Credit for reinsurance, see article 4A. Law Journals and Reviews Reinsurance Intermediaries: Law and Litigation. 29 UH L. Rev. 59 (2006). [§431:9B-107] Prohibited acts....
431:9b-108 Duties of Reinsurers Utilizing the Services of a Reinsurance Intermediary-Manager. Credit for reinsurance, see article 4A. Law Journals and Reviews Reinsurance Intermediaries: Law and Litigation. 29 UH L. Rev. 59
(2006). [§431:9B-108] Duties of...
431:9b-109 Examination Authority. Credit for reinsurance, see article 4A. Law Journals and Reviews Reinsurance Intermediaries: Law and Litigation. 29 UH L. Rev. 59 (2006). [§431:9B-109] Examination authority....
431:9b-110 Penalties and Liabilities. Credit for
reinsurance, see article 4A. Law Journals and Reviews Reinsurance Intermediaries: Law and Litigation. 29 UH L. Rev. 59 (2006). [§431:9B-110] Penalties and...
431:9b-111 Rules. Credit for reinsurance, see article 4A. Law Journals and Reviews Reinsurance Intermediaries: Law and Litigation. 29 UH L. Rev. 59 (2006). [§431:9B-111] Rules. The...
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
431:10-101 Scope; Effective Dates. This part shall apply to all contracts filed after June 30, 1983. No contract shall be delivered or issued for delivery in this State...
431:10-102 Definitions. As used in this part: "Contract" means any policy of life, accident and health or sickness, credit life, credit
disability, homeowners, and motor vehicle...
431:10-103 Exemptions of Certain Contracts. The provisions of this part shall not apply to: (1) Any contract which is a security subject to federal jurisdiction; (2) Any group contract...
431:10-104 General Readability Requirements. In addition to any other
requirements of law, no contract shall be delivered or issued for delivery in this State unless: (1) The text...
431:10-105 Required Reading Test; Authorization and Availability. (a) Every insurer shall use the Flesch reading ease test to determine the readability of any contract. Whenever the commissioner determines that the Flesch...
431:10-106 Flesch Reading Ease Test; Procedures. (a) Whenever the Flesch reading ease test is used, its reading score shall be computed as follows: (1) The number of words and sentences...
431:10-107 Filing of Certificate. (a) Every insurer shall file with the commissioner a certificate signed by an officer of
the insurer stating that the contract meets the minimum...
431:10-108 Flesch Reading Ease Score; Lower Score Authorized; When. The commissioner may authorize a score lower than the minimum Flesch reading ease score required in section 431:10-104(1) when the commissioner determines that the...
431:10-109
Disclosure of Health Care Coverage and Benefits. In order to ensure that all individuals understand their health care options and are able to make informed decisions, all insurers shall provide current...
PART II. GENERAL RULES
431:10-201 Scope. The provisions of this part shall apply to all classes or lines of insurance except: (1) Ocean marine insurance as defined in
section 431:1-211,...
431:10-202 Definitions. For purposes of this part: "Insurable interest" includes only interests as follows: (1) In the case of individuals related closely by blood or by...
431:10-203 Power to Contract. (a) Any person of competent legal capacity may contract for insurance. (b) A
minor of the age of fifteen years or more, as determined...
431:10-204 Insurable Interest Required; Personal Insurances. (a) Any individual of competent legal capacity may procure or effect an insurance contract upon the individual's own life or body for the benefit...
431:10-205 Interest of the Insured.
When the name of a person intended to be insured is specified in the policy, the insurance can be applied only to the person's...
431:10-206 Application for Insurance: Consent of Insured Required. No life insurance or accident and health or sickness insurance contract upon an individual shall be made or effectuated unless at the time of...
431:10-207 Alteration of Application. (a) Any written application for insurance which is attached to and made a part of the insurance contract shall be altered solely by the...
431:10-208 Limitations on Use of Application As Evidence. (a) No application for the issuance of any life insurance contract shall be
admissible in evidence in any action relative to such contract, unless...
431:10-209 Warranties, Misrepresentations in Applications. All statements or descriptions in any application for an insurance policy or in negotiations therefor, by or on behalf of the insured, shall be...
431:10-210 Standard Form Fire
Insurance Policy. (a) The standard form fire insurance policy as authorized and in effect in the State of New York on December 31, 1943, or its...
431:10-211 Content of Policies in General. (a) A policy shall specify: (1) The names of the parties to the contract. The insurer's name shall be clearly shown in the policy;...
431:10-211.3 Commercial General Liability Extended Reporting Requirements. Any policy for commercial general liability coverage wherein the insurer shall offer and the insured may elect to purchase an extended reporting period for claims...
431:10-211.5 Premium Waiver Provisions; Restrictions. (a) Whenever an
insurance policy contains a provision or a rider for the waiver of premiums in the event of the total disability of...
431:10-212 Contract Limitations for Handicapped Children and Children With Intellectual Disabilities. Every individual life insurance policy, every group life insurance policy, and every hospital or medical expense insurance policy, delivered or issued for delivery in...
431:10-213 Repealed. L 1989, c 195, §43.
431:10-214 Right to Return Policy. (a) There shall be printed on or attached to every individual life insurance policy and every individual accident and health or sickness insurance policy...
431:10-215 Readjustment of Premiums; Dividends. (a) Any contract of group disability insurance or group life insurance may provide for the readjustment of the rate of premium based on experience...
431:10-216 Additional Contents. A policy may contain additional provisions, which are not inconsistent with this
part, and which are: (1) Required to be inserted by the laws...
431:10-217 Charter, Bylaw Provisions. No policy shall contain any provision purporting to make any portion of the charter, bylaws or other constituent document of the insurer a part...
431:10-217.5 Policies Relating to Domestic Abuse Cases.
(a) No insurer shall deny or refuse to accept an application for insurance, refuse to insure, refuse to renew, cancel, restrict, or otherwise terminate...
431:10-218 Stated Premium Must Include All Charges. (a) The premium stated in the policy shall be inclusive of all fees, charges, premiums, or other consideration charged for the insurance or for...
431:10-219 Multi-Peril Policies, Premiums Stated Separately. Each insurer issuing a multi-peril policy shall provide the policyholder with a written statement separately stating the premiums and the amounts of insurance or...
431:10-220 Policy Must Contain Entire Contract. (a) No agreement in conflict with,
modifying, or extending any contract of insurance shall be valid unless in writing and made a part of...
431:10-221 Prohibited Policy Provisions: Limiting Actions and Jurisdictions. (a) No insurance contract delivered or issued for delivery in this State and covering subjects located, resident or to be performed in this State,...
431:10-222 Construction Industry; Indemnity Agreements Invalid. Any covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair...
431:10-222.5 Pooled Insurance. (a) Insurers may offer pooled insurance which
allows liability insurance and all other types of insurance required by law, not including prepaid health insurance,...
431:10-223 Underwriters and Combination Policies. Two or more authorized insurers may together issue: (1) An underwriters policy bearing their names upon which their liability shall be joint and several....
431:10-224 Execution of Policies. (a) Every insurance contract shall be executed in the name of and on behalf of the insurer by its officer, employee or authorized representative....
431:10-225 Delivery of Policy. (a) Subject to the insurer's requirements as to payment of premium, every policy shall be mailed or
delivered to the insured or to the...
431:10-226 Renewal of Policy; New Policy Not Required. At the option of the insurer, any insurance policy terminating at a specified expiration date and not otherwise renewable, may be renewed or extended,...
431:10-226.5 Notice of Cancellation or Nonrenewal. In
the case of cancellation of a policy, the insurer shall give written notice to the insured not fewer than ten days prior to...
431:10-227 Retroactive Annulment of Liability Policies Prohibited. No contract insuring against loss through liability for the bodily injury or death by accident of any individual shall be retroactively annulled by any...
431:10-228 Assignment of Policies. (a) A policy may be assignable or not assignable, as provided by its terms. (b) Subject to the terms of the policy, any policy...
431:10-229 Dividends Payable to the Real Party. (a) Every insurer issuing participating policies, shall pay dividends, unused premium refunds, or
savings distributed on account of any such policy, only to: (1)...
431:10-230 Payment Discharges Insurer. Whenever the proceeds of, or payments under, a policy or contract for life insurance, or accident and health or sickness insurance become payable in...
431:10-231 Exemption of Proceeds; Accident and Health
or Sickness. The proceeds of all contracts of accident and health or sickness insurance and of provisions providing benefits on account of the insured's disability which...
431:10-232 Exemption of Proceeds; Life, Endowment and Annuity. (a) All proceeds payable because of the death of the insured and the aggregate net cash value of any or all life and endowment...
431:10-233 Exemption of Proceeds; Group Life. (a) A policy of group life insurance or the proceeds thereof payable to the individual insured or to the beneficiary thereunder, shall not be...
431:10-234 Spouses' and Reciprocal Beneficiaries' Right in Life Insurance Policy. (a) Every life insurance policy made
payable to or for the benefit of the spouse or the reciprocal beneficiary of the insured, and every...
431:10-235 Forms for Proof of Loss Furnished. Upon written request of any person claiming to have a loss under any insurance contract, an insurer shall furnish forms of proof of loss...
431:10-236 Claim
Administration Not Waiver. None of the following acts by or on behalf of an insurer shall be deemed to constitute a waiver of any provision of a...
431:10-237 Construction of Policies. Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy, and as amplified,...
431:10-238 Validity of Noncomplying Forms. Any insurance policy, rider or endorsement hereafter issued and otherwise valid, is not rendered invalid by the inclusion of any condition or provision not...
431:10-239 Intervening Breach. If any breach of warranty or condition in any insurance contract occurs prior to
a loss under the contract, the breach shall not avoid...
431:10-240 Insurance Contracts; Punitive Damages. Coverage under any policy of insurance issued in this State shall not be construed to provide coverage for punitive or exemplary damages unless specifically...
431:10-241 Venue in Certain Actions.
An insured may bring a civil action against the insured's insurer in the state judicial circuit in which the insured resides or where the...
431:10-242 Policyholder and Other Suits Against Insurer. Where an insurer has contested its liability under a policy and is ordered by the courts to pay benefits under the policy, the policyholder,...
431:10-243 Interest Upon Proceeds of Life Insurance Policies. (a) Except as provided in subsection (d), in the event an action to recover the proceeds due under a life insurance policy or annuity...
431:10-244 Filing Procedure for Contracts Approved by Commissioner. Each insurance contract requiring approval by
the commissioner pursuant to this code, section 392-48, or section 386-124 and each contract certified by the insurer...
ARTICLE 10A ACCIDENT AND HEALTH OR SICKNESS INSURANCE CONTRACTS
431:10a-101 Applications and Exceptions. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved
June...
431:10a-102 Accident and Health or Sickness Insurance Policy Defined. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-102.5 Limited Benefit Health Insurance Article
heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-103 Family Coverage Defined. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-104 Form of Policy. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-105 Required Provisions. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health
care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-105.5 Federal Law Compliance. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-105.6 Prohibition on
Rescissions of Coverage. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-106 Optional Provisions. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-107 Inapplicable or Inconsistent Provisions. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-108 Order of Certain Policy Provisions. Article heading amended by L 2002, c 155, §48.
State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-109 Third Party Ownership. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-110 Requirements of Other Jurisdictions. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-111 Other Policy Provisions. Article heading amended by L 2002, c 155, §48. State innovation
waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-112 Policy Conflicting With This Part. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-113 Filing Procedure. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-114 Age Limit. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care
reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-115 Coverage of Newborn Children. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-115.5 Coverage for Child Health
Supervision Services. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-116 Coverage for Specific Services. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-116.2 Mammograms; Referral Not Required. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-116.5 in Vitro Fertilization Procedure Coverage. Article heading amended by L 2002,
c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-116.6 Contraceptive Services. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-116.7 Contraceptive Services; Religious Employers Exemption. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-117 Franchise Plan. Article heading amended by L 2002, c 155, §48. State
innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-118 Genetic Information Nondiscrimination in Accident and Health or Sickness Insurance Coverage Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-119 Hospice Care Coverage. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-120 Medical Foods and Low-Protein Modified Food Products; Treatment of Inborn Error of Metabolism; Notice. Article heading
amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-121 Coverage for Diabetes. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-122 Colon Cancer Screening Coverage. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-125 Primary Care Provider; Advanced Practice Registered Nurse. Article heading amended by L 2002, c
155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-126 Cancer Treatment. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-131 Repealed. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-132 Orthodontic Services for Orofacial Anomalies; Benefits and Coverage; Notice. Article heading amended by L 2002, c 155,
§48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-133 Autism Benefits and Coverage; Notice; Definitions. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
431:10a-140 Formulary; Accessibility Requirements. Article heading amended by L 2002, c 155, §48. State innovation waiver task force; health care reform plan; reports to 2015-2017 legislature (dissolved June...
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
431:10a-401 Purpose. 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-402 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-403 Association of Insurers; Policyholder; Policy. 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-404 Persons Authorized to Transact Insurance. 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-404.5 Genetic Information Nondiscrimination in Extended Health Insurance Coverage. 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-405 Association; Powers, Process; 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-406 Forms; Rates; Approval. 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-407 Duplication of Benefits; Adjustment. 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-408 Annual Report Filed by Association. 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-409 Articles of Association; Agent, Membership List; Deception. 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-410 Violation of Other Laws. 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 V. LONG-TERM CARE INSURANCE--REPEALED
431:10a-521 to 531 Repealed. L 1999, c 93,
§8. Cross References For present provisions, see article 10H, this chapter.
PART VI. MISCELLANEOUS PROVISIONS
431:10a-601 Reciprocal Beneficiary Family Coverage Defined; Policyholder and Employer Responsibility for Costs; Availability. (a) Any other law to the contrary notwithstanding, reciprocal beneficiary family coverage, as defined in subsection (b), shall be made available to
reciprocal beneficiaries,...
431:10a-602 Federally Funded Programs; Exemption. Requirements relating to mandated coverages shall not be applicable to any insurer offering accident and health or sickness insurance under a federally funded program...
431:10a-603 Self-Employed Persons, Exemption. The
requirements of this article related to mandated coverages for persons insured under accident and health or sickness policies shall not apply to accident and...
431:10a-604 Bona Fide Trade Associations. (a) At the option of a bona fide trade association, or its designated agent, an insurer that sells health insurance to the bona fide...
ARTICLE 10B CREDIT LIFE INSURANCE AND
CREDIT DISABILITY INSURANCE
431:10b-101 Purpose. The purpose of this article is to promote the public welfare by regulating credit life insurance and credit disability insurance. Nothing in this article...
431:10b-102 Scope . All life insurance and all accident and health or sickness insurance in
connection with loans or other credit transactions shall be subject to this...
431:10b-103 Definitions. For the purpose of this article: (1) Credit life insurance means insurance on the life of a debtor pursuant to or in connection with...
431:10b-104 Forms of Credit Life Insurance and Credit Disability
Insurance . Credit life insurance and credit disability insurance shall be issued only in the following forms: (1) Individual policies of life insurance issued to debtors...
431:10b-105 Amount of Credit Life Insurance and Credit Disability Insurance. (a) Credit life insurance. (1) The initial amount of credit life insurance shall not exceed the total amount repayable under the contract of
indebtedness...
431:10b-106 Term of Credit Life and Credit Disability Insurance. The term of any credit life insurance or credit disability insurance shall, subject to acceptance by the insurer, commence on the date when the...
431:10b-107 Provisions of Policies and Certificates of Insurance: Disclosure to
Debtors. (a) Credit life insurance and credit disability insurance subject to this article shall be evidenced by an individual policy, or in the case of...
431:10b-108 Filing, Approval, and Withdrawal of Forms and Premium Rates. (a) All policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements, and riders delivered or issued for delivery
in this State...
431:10b-109 Premiums and Refunds. (a) Any insurer may revise its schedules of premium rates from time to time, and shall file the revised schedules for approval with the...
431:10b-110 Issuance of Policies. (a) All policies of credit life insurance and credit disability insurance
shall be delivered or issued for delivery in this State only by an...
431:10b-111 Claims. (a) All claims shall be promptly reported to the insurer or its designated claim representative, and the insurer shall maintain adequate claim files. All...
431:10b-112 Existing Insurance and Choice of Insurer.
When credit life insurance or credit disability insurance is required as additional security for any indebtedness, the creditor shall give the debtor written notice...
431:10b-113 Enforcement. (a) The commissioner may, after notice and hearing as provided in chapter 91, issue such rules and regulations as the commissioner deems appropriate for...
431:10b-114 Penalties. In addition to any other penalty provided by law, any person, firm or corporation which violates an order of the commissioner after it has...
ARTICLE 10C MOTOR VEHICLE INSURANCE PART I. GENERAL PROVISIONS
431:10c-101 Short Title. Applicability of article to captive
insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-102 Purpose. Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-103
Definitions. Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-103.5 Personal Injury Protection Benefits; Defined; Limits. Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-103.6 Personal Injury Protection Benefits Tied to Prepaid Health Care Plan for Description of Coverage Only. Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-104 Conditions of Operation and
Registration of Motor Vehicles. Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-104.5 Repealed. Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-105 Self-Insurance. Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-106 Specialty Insurers Not Prohibited. Applicability of article to captive insurers, see §431:19-115.5. Law Journals and
Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-107 Verification of Insurance: Motor Vehicles. Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-108 Unlawful Use of
Motor Vehicle Insurance Identification Card. Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-109 Motor Vehicle Insurance Identification Card After Cancellation of Policy; Return to Insurer, Civil Sanctions. Applicability of article to captive insurers, see §431:19-115.5. Law
Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-110 Rejection of Application, Joint Underwriting Plan Placement. Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-110.5 Replacing Motor Vehicle Insurance Policy Through an Insurer's Affiliate or Subsidiary. Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-111 Cancellation and Nonrenewal of Policies: When
Prohibited, When Permitted. Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-111.5 Limit on Nonrenewals and Conditional Renewals. Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH
L....
431:10c-112 Notice of Cancellation or Nonrenewal; Effect on Term of Coverage. Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-112.5 Notice of Cancellation for Insurer Ceasing to Issue
Motor Vehicle Insurance Policies. Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-113 Violation of Rejection, Cancellation and Nonrenewal Provisions. Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a
Common Law Court. 14 UH L....
431:10c-114 Insured's Obligations Upon Termination of Insurance. Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-115 Drivers Education Fund Underwriters Fee.
Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-115.5 Repealed. Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-115.6 Disclosure of Personal Injury Protection Limits and Payments. Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-115.7 Plain Language Billings. Applicability of article to captive
insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-116 Challenges to Motor Vehicle Insurance Law; Intervention by Attorney General. Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-117 Penalties. Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-117.5 Additional Civil Liability. Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews
Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-118 Fee in Lieu of Fine; Defense. Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-119 Insurer's Requirements.
Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-120 Prohibitions, Penalty. Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
431:10c-121 Severability. Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L....
PART II. RATES AND ADMINISTRATION
431:10c-201 Motor Vehicle Insurance Rates Generally. Except as expressly provided
in this part, all premium rates for motor vehicle insurance shall comply with the provisions of the rating law contained...
431:10c-202 Making of Motor Vehicle Insurance Rates. All premium rates for motor vehicle insurance shall be made in accordance with article 14 and the following provisions: (1) Notwithstanding any other law...
431:10c-202.5 Immediate Rate Freeze; Rate Reduction; Relief. (a) No insurer may increase motor vehicle insurance rates between June 3, 1992, and December 31, 1993. (b) Commencing on January 1, 1993, all...
431:10c-203 Rate Filings. The commissioner may accept from an advisory organization basic standards,
manuals of classification, territories, endorsements, forms, and other materials, not dealing with rates, for...
431:10c-204 Repealed. L 1992, c 124, §13.
431:10c-205 Rate Review: Request by Aggrieved Party. (a) Any person aggrieved by the application as to such person of any classification, rule,
standard, rate, or rating plan made, followed, or adopted...
431:10c-206 Repealed. L 1992, c 124, §14.
431:10c-206.5 Group Insurance Plans. (a) Notwithstanding section 431:12-104(a), any insurer may issue any insurance coverage on a group plan, without restriction as to the purpose of the
group,...
431:10c-207 Discriminatory Practices Prohibited. No insurer shall base any standard or rating plan, in whole or in part, directly or indirectly, upon a person's race, creed, ethnic extraction,...
431:10c-208 Increase in Premiums Prohibited. No premium on any motor vehicle insurance policy
shall be increased as a result of any accident if the insured is not at fault...
431:10c-209 Rate Administration. (a) Except as otherwise provided in this article, the commissioner shall implement and evaluate motor vehicle insurance rates in compliance with article 14. (b)...
431:10c-209.5 Repealed.
L 2012, c 258, §6.
431:10c-210 Publication of Premium Information. (a) Upon the commissioner's request, all motor vehicle insurers shall provide motor vehicle insurance premium information to the commissioner within thirty days of the...
431:10c-211 Attorney's Fees. (a) A person making a claim
for personal injury protection benefits may be allowed an award of a reasonable sum for attorney's fees, and...
431:10c-212 Administrative Hearing on Insurer's Denial of Claim. (a) If a claimant or provider of services objects to the denial of benefits by an insurer or self-insurer pursuant to section 431:10C-304(3)(B) and...
431:10c-213 Arbitration. (a) A claimant, insurer, or provider of services may submit any dispute relating to a motor vehicle insurance policy to an arbitrator by filing...
431:10c-213.5 Binding Arbitration. (a) A claimant or defendant shall have the option to elect arbitration to resolve a claim in tort that
is covered by motor vehicle...
431:10c-214 Administration. In order to carry out the provisions and fulfill the purpose of this article, the commissioner shall: (1) Consult with representatives of the private...
431:10c-215 Inspection and Audit. (a) In addition to the right and duty of examination
under article 2, the commissioner shall have the right and the duty of visitation,...
431:10c-216 Annual Review. The commissioner shall periodically review and evaluate the motor vehicle insurance program described in this article, including an annual review of the premium rates,...
PART III. COVERAGES AND RIGHTS
431:10c-301 Required Motor Vehicle Policy Coverage. Arbitration; binding arbitration, see §§431:10C-213 and 213.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev....
431:10c-301.5 Covered Loss Deductible. Arbitration; binding arbitration, see §§431:10C-213 and 213.5.
Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev....
431:10c-302 Required Optional Additional Insurance. Arbitration; binding arbitration, see §§431:10C-213 and 213.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev....
431:10c-302.5 Managed Care Option. Arbitration; binding arbitration, see §§431:10C-213 and 213.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev....
431:10c-303 Right to Personal Injury Protection Benefits. Arbitration; binding arbitration, see §§431:10C-213 and
213.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev....
431:10c-303.5 U-Drive Insurance Policy; Primary. Arbitration; binding arbitration, see §§431:10C-213 and 213.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev....
431:10c-304 Obligation to Pay Personal Injury Protection Benefits. Arbitration; binding arbitration, see §§431:10C-213 and 213.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev....
431:10c-305 Source of Payment. Arbitration; binding arbitration, see §§431:10C-213 and
213.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev....
431:10c-305.5 Right to Reimbursement of Deductible Paid; When. Arbitration; binding arbitration, see §§431:10C-213 and 213.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev....
431:10c-306 Abolition of Tort Liability. Arbitration; binding arbitration, see §§431:10C-213 and 213.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev....
431:10c-307 Reimbursement of Duplicate Benefits. Arbitration; binding arbitration, see §§431:10C-213 and 213.5. Law
Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev....
431:10c-307.7 Repealed. Arbitration; binding arbitration, see §§431:10C-213 and 213.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev....
431:10c-307.8 Repealed.
Arbitration; binding arbitration, see §§431:10C-213 and 213.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev....
431:10c-308 Repealed. Arbitration; binding arbitration, see §§431:10C-213 and 213.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev....
431:10c-308.5 Limitation on Charges. Arbitration; binding arbitration, see §§431:10C-213 and 213.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev....
431:10c-308.6 Repealed. Arbitration; binding arbitration, see §§431:10C-213 and 213.5. Law Journals and Reviews
Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev....
431:10c-308.7 Client-Patient Referrals, Health Care Provider Practices Prohibited. Arbitration; binding arbitration, see §§431:10C-213 and 213.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev....
431:10c-309 Total Loss Motor Vehicle Claims. Arbitration; binding arbitration, see §§431:10C-213 and 213.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev....
431:10c-310 Total Loss Motor Vehicle Claims: Replacement. Arbitration; binding arbitration, see §§431:10C-213
and 213.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev....
431:10c-311 Total Loss Motor Vehicle Claims: Cash Settlement. Arbitration; binding arbitration, see §§431:10C-213 and 213.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev....
431:10c-312 Payment of Excise Tax and Certificate of Ownership Fee. Arbitration; binding arbitration, see §§431:10C-213 and 213.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev....
431:10c-313 Insurer Practices Regarding Loss of Use, Storage and Towing, and Betterment.
Arbitration; binding arbitration, see §§431:10C-213 and 213.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev....
431:10c-313.5 Preferred Repair Provider. Arbitration; binding arbitration, see §§431:10C-213 and 213.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev....
431:10c-313.6 Original Equipment Manufacturer's and Like Kind and Quality Parts. Arbitration; binding arbitration, see §§431:10C-213 and 213.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev....
431:10c-314 Jurisdiction. Arbitration; binding arbitration, see
§§431:10C-213 and 213.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev....
431:10c-315 Statute of Limitations. Arbitration; binding arbitration, see §§431:10C-213 and 213.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev....
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
431:10c-501 to 504 Repealed. L 1989, c 208, §6. Cross
References For present provisions, see article 10G, this chapter.
PART VI. SELF-INSURER REQUIREMENTS
431:10c-601 Agreement. The applicant shall execute and file with the commissioner an agreement in a form prescribed by the commissioner, that if certified as a self-insurer...
431:10c-602
Surety Bond or Deposit of Security; Proof of Financial Ability. An applicant for self-insurance shall: (1) (A) File with the commissioner and maintain a bond of a surety company authorized to do business in...
431:10c-603 Proof of Ability to Process and Pay Claims Promptly. An applicant for self-insurance shall submit proof satisfactory to the commissioner that the applicant has retained
an adjuster licensed under this chapter to provide...
431:10c-604 Issuance of Certificate of Self-Insurance. The commissioner shall issue a certificate of self-insurance if: (1) The applicant has provided the bond, cash, or securities and proof of qualification as...
431:10c-605 Duty to Notify
Commissioner. A self-insurer shall notify the commissioner in writing of any change in status of any motor vehicle which is self-insured, such as a transfer,...
431:10c-606 Duration of Certification. A certificate of self-insurance is valid for a period of one year from the date of issuance and may be renewed annually. [L 2000,...
431:10c-607 Revocation of Certificate of Self-Insurance. The commissioner may revoke a certificate of self-insurance for good cause at any time after providing notice and the opportunity for a hearing in...
431:10c-608 Termination of Self-Insurer Status and Withdrawal of Security Deposit. (a) A person who
terminates the person's status as a self-insurer or whose certificate of self-insurance has been revoked and who obtains a motor...
ARTICLE 10D LIFE INSURANCE AND ANNUITIES
431:10d-101 Scope. Civil relief for state military forces, see chapter 657D. Risk-based capital for insurers, see §§431:3-401 to 414. PART I. INDIVIDUAL LIFE INSURANCE, ANNUITIES AND...
431:10d-102 Standard Provisions Required. Civil relief for state military forces, see chapter 657D. Risk-based capital for insurers, see §§431:3-401 to 414. PART I. INDIVIDUAL LIFE INSURANCE, ANNUITIES AND...
431:10d-103 Policy Loan Interest Rates for Policies Issued After June 22, 1982. Civil relief for state
military forces, see chapter 657D. Risk-based capital for insurers, see §§431:3-401 to 414. PART I. INDIVIDUAL LIFE INSURANCE, ANNUITIES AND...
431:10d-104 Standard Nonforfeiture Law for Life Insurance. Civil relief for state military forces, see chapter 657D. Risk-based capital for insurers, see §§431:3-401 to 414. PART I. INDIVIDUAL LIFE INSURANCE, ANNUITIES AND...
431:10d-105 Annuities and Pure Endowment Contracts; Standard Provisions Required. Civil relief for state military forces, see chapter 657D. Risk-based capital for insurers, see §§431:3-401 to 414. PART I. INDIVIDUAL LIFE INSURANCE, ANNUITIES AND...
431:10d-106 Reversionary Annuities; Standard Provisions Required.
Civil relief for state military forces, see chapter 657D. Risk-based capital for insurers, see §§431:3-401 to 414. PART I. INDIVIDUAL LIFE INSURANCE, ANNUITIES AND...
431:10d-107 Standard Nonforfeiture Law; Individual Deferred Annuities. Civil relief for state military forces, see chapter 657D. Risk-based capital for insurers, see §§431:3-401 to 414. PART I. INDIVIDUAL LIFE INSURANCE,
ANNUITIES AND...
431:10d-108 Limitation of Liability. Civil relief for state military forces, see chapter 657D. Risk-based capital for insurers, see §§431:3-401 to 414. PART I. INDIVIDUAL LIFE INSURANCE, ANNUITIES AND...
431:10d-109 Scope of Incontestable Clauses. Civil relief for state military
forces, see chapter 657D. Risk-based capital for insurers, see §§431:3-401 to 414. PART I. INDIVIDUAL LIFE INSURANCE, ANNUITIES AND...
431:10d-110 Incontestability After Reinstatement. Civil relief for state military forces, see chapter 657D. Risk-based capital for insurers, see §§431:3-401 to 414. PART I. INDIVIDUAL LIFE INSURANCE, ANNUITIES AND...
431:10d-111 Premium Deposits. Civil relief for state military forces, see chapter 657D. Risk-based capital for insurers, see §§431:3-401 to 414. PART I. INDIVIDUAL LIFE INSURANCE, ANNUITIES AND...
431:10d-112 Policy Settlements. Civil relief for state military forces, see chapter 657D. Risk-based capital for
insurers, see §§431:3-401 to 414. PART I. INDIVIDUAL LIFE INSURANCE, ANNUITIES AND...
431:10d-113 Indebtedness Deducted From Proceeds. Civil relief for state military forces, see chapter 657D. Risk-based capital for insurers, see §§431:3-401 to 414. PART I. INDIVIDUAL LIFE INSURANCE, ANNUITIES AND...
431:10d-114 Miscellaneous Proceeds. Civil relief for state military forces, see chapter 657D. Risk-based capital for insurers, see §§431:3-401 to 414. PART I. INDIVIDUAL LIFE INSURANCE, ANNUITIES AND...
431:10d-115 Dealing in Dividends. Civil relief for state military forces, see chapter 657D. Risk-based
capital for insurers, see §§431:3-401 to 414. PART I. INDIVIDUAL LIFE INSURANCE, ANNUITIES AND...
431:10d-116 Prohibited Policy Plans. Civil relief for state military forces, see chapter 657D. Risk-based capital for insurers, see §§431:3-401 to 414. PART I. INDIVIDUAL LIFE INSURANCE, ANNUITIES AND...
431:10d-117 Life Franchise Plan. Civil relief for state military forces, see chapter 657D. Risk-based capital for insurers, see §§431:3-401 to 414. PART I. INDIVIDUAL LIFE INSURANCE, ANNUITIES AND...
431:10d-118 Variable Contracts. Civil relief for state military forces, see chapter 657D. Risk-based capital for
insurers, see §§431:3-401 to 414. PART I. INDIVIDUAL LIFE INSURANCE, ANNUITIES AND...
PART II. GROUP LIFE INSURANCE
431:10d-201 Group Life Insurance Requirements. (a) Except as provided in subsection (b), no policy of group life insurance shall be delivered in this State unless it conforms to one...
431:10d-202 Employee Groups. (a) The lives of a group of individuals may be insured under a policy issued to an employer, or to the trustees of a...
431:10d-203 Debtor Groups. The lives of a group of individuals may be insured under a policy issued to a creditor or its parent holding company or to...
431:10d-204 Labor Union Groups. The lives of a group of individuals may be insured under a policy issued to a labor union, which shall be deemed the policyholder,...
431:10d-205 Trustee Groups. The lives of a group of individuals may be insured under a policy issued to the trustees of a fund established by two
or...
431:10d-206 Agent Groups. The lives of a group of individuals may be insured under a policy issued to a principal, or if such principal is a life...
431:10d-207 Public Employee Association Groups. The lives of a group of individuals may be insured under a policy issued to an association of
public employees, which shall be deemed...
431:10d-208 Mutual Benefit Society Groups. The lives of a group of individuals may be insured under a policy issued to a mutual benefit society, which shall be deemed the...
431:10d-209 Professional Association Groups. The lives of a group of individuals
may be insured under a policy issued to an association of professional persons, which shall be deemed...
431:10d-210 Occupation, Industry, or Trade Association Groups. The lives of a group of individuals may be insured under a policy issued to an association of individuals belonging to a single occupation,...
431:10d-211 Credit Union Groups. The lives of the members of a credit union may be insured under a policy issued to the credit union that shall be deemed...
431:10d-211.5 Other Groups; Limits. Group life insurance offered to a Hawaii resident under a group life insurance policy issued to a group, other than a
group described in sections...
431:10d-212 Spouses and Dependents of Insured Individuals. (a) Except for a policy issued under sections 431:10D-203 and 431:10D-211, insurance under any group life insurance policy issued pursuant to this article may...
431:10d-213 Standard Provisions Required. (a) No
policy of group life insurance shall be delivered or issued for delivery in this State unless it contains in substance the standard...
431:10d-214 Notice to Insured Regarding Conversion Right. If any individual insured under a group life insurance policy delivered in this State becomes entitled under the terms of the policy to have...
431:10d-215 Assignment of Policies. Subject to the terms of the policy, or pursuant to an agreement between the insured, the group policyholder, and the insurer, any person insured...
PART III. INDUSTRIAL LIFE INSURANCE
431:10d-301 Scope. This part shall apply only to industrial life insurance
contracts. [L 1987, c 347, pt of §2]
431:10d-302 General Life Insurance Provisions Applicable. The following [sections] of part I of this article shall apply to industrial life insurance policies: (1) 431:10D-104; (2) 431:10D-108; (3) 431:10D-109; (4) 431:10D-110;...
431:10d-303 Industrial Life Insurance
Defined. Industrial life insurance is any life insurance provided by an individual insurance contract issued in face amount of less than $1,000 under which premiums...
431:10d-304 Compliance Required. No policy of industrial life insurance shall be delivered or be issued for delivery in this State, except in compliance with the provisions of...
431:10d-305 Standard Provisions Required. No policy of industrial life insurance shall be issued or delivered unless it contains in substance the provisions as required by this part, or...
431:10d-306 Title on Policy. There shall be a title on the face of each policy briefly describing its form. [L 1987, c 347,
pt of §2]
431:10d-307 Beneficiary. (a) Each policy shall have a space on the front or back page of the policy for the name of the beneficiary designated with...
431:10d-308 Facility of Payment. Such a policy may also provide that if the beneficiary designated in the policy does not surrender the
policy with due proof of death...
431:10d-309 Premiums Paid Direct. In the case of weekly premium policies, there may be a provision that upon proper notice to the insurer while premiums on the policy...
431:10d-310 Application to Term and Specified Insurance. Any of the provisions required by this
part or any portion thereof which are not applicable to single premium or term policies or to...
431:10d-311 Crediting of Dividends. An insurer shall credit annually beginning not later than the fifth policy year, any dividend arising under a participating industrial life insurance contract. [L...
431:10d-312 Prohibited Provisions. No industrial life insurance policy shall contain: (1) A provision by which the insurer may deny liability under the policy for the reason that...
431:10d-313 Limitation of Liability. The insurer may in any such policy limit its liability for the same causes and to the same
extent as is provided in section...
PART IV. LIFE INSURANCE POLICY ILLUSTRATIONS
431:10d-401 Scope. This part shall apply to all group and individual life insurance policies and certificates except: (1) Variable life insurance; (2) Individual and group annuity...
431:10d-402 Definitions.
For the purposes of this part: "Actuarial Standards Board" means the board established by the American Academy of Actuaries to develop and adopt standards...
431:10d-403 Policies to Be Illustrated. (a) Each insurer marketing policies to which this part is applicable shall notify the commissioner whether a policy form is to be marketed with...
431:10d-404 General Requirements and Prohibitions. (a) An illustration used in the sale of a life insurance policy shall satisfy the applicable requirements of this part, be clearly labeled "life...
431:10d-405 Standards for Basic Illustrations. (a) The format of a basic illustration shall conform with the
following requirements: (1) The illustration shall be labeled with the date on which...
431:10d-406 Standards for Supplemental Illustrations. (a) A supplemental illustration may be provided so long as: (1) It is appended to, accompanied by, or preceded by a basic illustration that...
431:10d-407 Delivery of
Illustration and Record Retention. (a) If a basic illustration is used by an insurance producer or other authorized representative of the insurer in the sale of a life...
431:10d-408 Annual Reports and Notice to Policy Owners. (a) In the case of a policy designated as one for which illustrations will be used, the insurer shall provide each policy owner with...
431:10d-409 Annual Certifications. (a) The board of directors of each insurer shall appoint one or more illustration actuaries. (b) The illustration actuary shall certify that the disciplined...
431:10d-410 Penalties. In addition to any other penalties provided by the laws of this State, an insurer or producer that violates a
requirement of this part...
431:10d-411 Authority to Adopt Rules. The commissioner may adopt rules under chapter 91 implementing this part. [L 2000, c 252, pt of §2]
431:10d-412 Repealed. L 2000, c 282, §2. Cross References Uniform electronic transactions act, see chapter 489E.
PART V.
REPLACEMENT OF LIFE INSURANCE POLICIES AND ANNUITIES
431:10d-501 Purpose and Scope. (a) The purpose of this part is to: (1) Regulate the activities of insurers and producers with respect to the replacement of existing life...
431:10d-502 Definitions. For the purposes of this part:
"Direct-response solicitation" means a solicitation through a sponsoring or endorsing entity or individual solely through mails, telephone, the...
431:10d-503 Duties of Producers. (a) A producer who initiates an application shall submit to the insurer, with or as part of the application, a statement signed by both...
431:10d-504 Duties of Insurers that Use Producers. Each insurer shall: (1) Maintain a system of supervision and control to insure compliance with the requirements of this part that shall include at least...
431:10d-505 Duties of Replacing Insurers that Use Producers. (a) Where a replacement is involved in the
transaction, the replacing insurer shall: (1) Verify that the required forms are received and are in...
431:10d-506 Duties of the Existing Insurer. Where a replacement is involved in the transaction, the existing insurer shall: (1) Retain and be able to produce all replacement notifications received, indexed...
431:10d-507 Duties of Insurers With Respect to Direct-Response Solicitations. (a) In the case of an application that is initiated as a result of a direct-response solicitation, the insurer shall require, with or as...
431:10d-508 Violations and Penalties. (a) Any failure to comply with this part shall be
considered a violation of article 13 of this chapter. Violations shall include but are...
431:10d-509 Authority to Adopt Rules. The commissioner may adopt rules under chapter 91 implementing this part. [L 2000, c 252, pt of §3]
431:10d-510 Repealed. L 2000, c 282, §2. Cross References Uniform
electronic transactions act, see chapter 489E.
PART VI. ANNUITY DISCLOSURE
431:10d-601 Definitions. Whenever used in this part, unless a different meaning clearly appears from the context: "Buyer's guide" means: (1) A buyer's guide to fixed deferred annuities...
431:10d-602 Applicability of
Standards for Disclosure. This part shall apply to all group and individual annuity contracts and certificates, except: (1) Registered or non-registered variable annuities or other registered products;...
431:10d-603 Standards for the Disclosure Document and Buyer's Guide. (a) Where the application for an annuity contract is taken: (1) In a personal meeting, both the buyer's guide and
disclosure document shall be...
431:10d-604 Report to Contract Owners. For annuities in the payout period with changes in non-guaranteed elements, and for the accumulation period of a deferred annuity, the insurer shall at...
431:10d-605 Penalties. In addition to any other penalties provided by law,
violation of any requirement of this part is an unfair method of competition or unfair...
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
431:10d-641 Purpose. Part heading amended by L 2012, c 34, §10. [§431:10D-641] Purpose. The purpose of this part is to protect consumers from
misleading and fraudulent...
431:10d-642 Prohibited Uses of Senior-Specific Certifications and Professional Designations. Part heading amended by L 2012, c 34, §10. [§431:10D-642] Prohibited uses of senior-specific certifications and professional designations. (a) It is an unfair and...
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
431:10e-141 Lava Zone Defined. Part heading added by revisor pursuant to §23G-15. [§431:10E-141] Lava zone defined. As used in this article, "lava zone" means a volcanic hazard zone...
431:10e-142 Provisions for Properties in Lava Zones in the County of Hawaii. Part heading added by revisor pursuant to §23G-15. [§431:10E-142] Provisions for properties in lava zones in the county of Hawaii. (a) Where the mayor...
ARTICLE 10F SURETY INSURANCE
431:10f-101 Requirements Deemed Met by
Surety Insurer. Bail agents; sureties, see article 9N. §431:10F-101 Requirements deemed met by surety insurer. Whenever by law or by rule of any court, public official,...
431:10f-102 Fiduciary Bonds, Expense. Bail agents; sureties, see article 9N. §431:10F-102 Fiduciary bonds, expense. Any fiduciary required by law to give bonds, may include, as part of the...
431:10f-103 Court Bonds, Costs. Bail agents; sureties, see article 9N. §431:10F-103 Court bonds, costs. In any proceeding, the party entitled to recover costs may include in the costs...
431:10f-104 Release From Liability. Bail agents; sureties, see article 9N. §431:10F-104 Release from liability. A surety
insurer may be released from its liability on the same terms and...
431:10f-105 Directed Suretyship; Coercion of Contractors. Bail agents; sureties, see article 9N. [§431:10F-105] Directed suretyship; coercion of contractors. (a) No person may require as a condition precedent to the granting,...
ARTICLE 10G MOTORCYCLE AND MOTOR SCOOTER INSURANCE
431:10g-101 Definitions. The plain language of this chapter as well as its legislative history disqualified plaintiff, who was injured by someone operating a motorcycle, from no-fault...
431:10g-102 Conditions of Operation and Registration of Motorcycles and Motor Scooters. The plain language of this chapter as
well as its legislative history disqualified plaintiff, who was injured by someone operating a motorcycle, from no-fault...
431:10g-103 Motorcycle or Motor Scooter Self-Insurance. The plain language of this chapter as well as its legislative history disqualified plaintiff, who was injured by someone operating a motorcycle, from no-fault...
431:10g-104 Prerequisites for Obtaining Coverage. The plain language of this chapter as well as its legislative history disqualified plaintiff, who was injured by someone operating a motorcycle, from no-fault...
431:10g-105 Tort Liability. The plain language of this chapter as well as its legislative history
disqualified plaintiff, who was injured by someone operating a motorcycle, from no-fault...
431:10g-106 Verification of Insurance. The plain language of this chapter as well as its legislative history disqualified plaintiff, who was injured by someone operating a motorcycle, from no-fault...
431:10g-107
Drivers Education Fund Underwriters Fee; Motorcycle and Motor Scooter Operators Education Fund. The plain language of this chapter as well as its legislative history disqualified plaintiff, who was injured by someone operating a motorcycle, from no-fault...
431:10g-108 Penalties. The plain language of this chapter as well as its legislative history disqualified plaintiff, who was injured
by someone operating a motorcycle, from no-fault...
431:10g-109 Rules. The plain language of this chapter as well as its legislative history disqualified plaintiff, who was injured by someone operating a motorcycle, from no-fault...
PART II. RATES AND ADMINISTRATION
431:10g-201 Making of
Motorcycle and Motor Scooter Insurance Rates. (a) All premium rates for motorcycle and motor scooter insurance shall be made in accordance with the following provisions: (1) Rates shall not be...
431:10g-202 Rate Filings. (a) Every insurer shall file with the commissioner every manual of classification, rule, rate, rating plan, designation of rating territories, or standard for
motorcycle...
431:10g-203 Rate Review: Request by Aggrieved Party. (a) Any person aggrieved by the application as to such person of any classification, rule, standard, rate, or rating plan made, followed, or adopted...
431:10g-204 Rate Review: Rate Methods in Noncompliance With Article. (a) If the
commissioner has good cause to believe that a classification, rule, standard, rate, rating territory, or rating plan made, followed, or adopted...
431:10g-206 Rate Administration. Except as otherwise provided in this article, the commissioner shall implement and evaluate motorcycle and motor scooter insurance rates in compliance with article 14....
PART III. COVERAGES AND RIGHTS
431:10g-301 Required Motorcycle and Motor Scooter Policy Coverage. (a) An insurance policy covering a motorcycle or motor scooter shall provide insurance in the following amounts to pay, on behalf of the owner...
ARTICLE 10H LONG-TERM CARE INSURANCE
431:10h-101 Purpose. See table
at end of this Article for derivation of HRS sections from the National Association of Insurance Commissioners 1998 Model Act or Regulations....
431:10h-102 Scope. See table at end of this Article for derivation of HRS sections from the National Association of Insurance Commissioners 1998 Model Act or Regulations....
431:10h-103 Short Title. See table at end of this Article for derivation of HRS sections from the National Association of Insurance Commissioners 1998 Model Act or Regulations....
431:10h-104 Definitions. See table at end of this Article for derivation of HRS sections from the National Association of Insurance
Commissioners 1998 Model Act or Regulations....
431:10h-105 Extraterritorial Jurisdiction; Group Policies. See table at end of this Article for derivation of HRS sections from the National Association of Insurance Commissioners 1998 Model Act or Regulations....
431:10h-106 Rules. See table at end of
this Article for derivation of HRS sections from the National Association of Insurance Commissioners 1998 Model Act or Regulations....
431:10h-106.5 Producer Training Requirements. See table at end of this Article for derivation of HRS sections from the National Association of Insurance Commissioners 1998 Model Act or Regulations....
431:10h-107 Basic Standards. See table at end of this Article for derivation of HRS sections from the National Association of Insurance Commissioners 1998 Model Act or Regulations....
431:10h-108 Preexisting Conditions--Group and Individual Policies. See table at end of this Article for derivation of HRS
sections from the National Association of Insurance Commissioners 1998 Model Act or Regulations....
431:10h-109 Prior Hospitalization; Prior Institutionalization. See table at end of this Article for derivation of HRS sections from the National Association of Insurance Commissioners 1998 Model Act or Regulations....
431:10h-110 Loss Ratio Standards; Factors; Commissioner Approval. See table at end of this Article for derivation of HRS sections from the National Association of Insurance Commissioners 1998 Model Act or Regulations....
431:10h-111 Right to Return; Free Look Provision. See table at end of this Article for
derivation of HRS sections from the National Association of Insurance Commissioners 1998 Model Act or Regulations....
431:10h-112 Outline of Coverage Required. See table at end of this Article for derivation of HRS sections from the National Association of Insurance Commissioners 1998 Model Act or Regulations....
431:10h-113 Group Policy Certificate Requirements. See table at end of this Article for derivation of HRS sections from the National Association of Insurance Commissioners 1998 Model Act or Regulations....
431:10h-114 Life Insurance Policies Offering Long-Term Care Benefits. See table at end of this Article for
derivation of HRS sections from the National Association of Insurance Commissioners 1998 Model Act or Regulations....
431:10h-115 Incontestability Period--Group and Individual Policies. See table at end of this Article for derivation of HRS sections from the National Association of Insurance Commissioners 1998 Model Act or Regulations....
431:10h-116 Nonforfeiture Benefits. See table at end of this Article for derivation of HRS sections from the National Association of Insurance Commissioners 1998 Model Act or Regulations....
431:10h-116.5 Delivery of the Contract or Certificate of Insurance. See table at end of this Article for derivation of
HRS sections from the National Association of Insurance Commissioners 1998 Model Act or Regulations....
431:10h-116.6 Denial of Claims; Compliance Requirements. See table at end of this Article for derivation of HRS sections from the National Association of Insurance Commissioners 1998 Model Act or Regulations....
431:10h-117 Authority to Adopt Rules. See table at end of this Article for derivation of HRS sections from the National Association of Insurance Commissioners 1998 Model Act or Regulations....
PART II. LONG-TERM CARE INSURANCE MODEL REGULATION
431:10h-201 Policy Definitions. (a) No long-term
care insurance policy delivered or issued for delivery in this State shall use the terms set forth in this section, unless...
431:10h-202 Renewability. (a) The terms "guaranteed renewable" and "noncancellable" shall not be used in any individual long-term care insurance policy without further explanatory language in accordance...
431:10h-202.5 Licensing. A producer is not authorized to sell, solicit, or negotiate with respect to long-term care insurance except as authorized by article 9A. [L 2007, c...
431:10h-203 Limitations and Exclusions. (a) A policy may not be delivered or issued for delivery in this State as long-term care
insurance if the policy limits or excludes coverage...
431:10h-204 Extension of Benefits. Termination of long-term care insurance shall be without prejudice to any benefits payable for institutionalization if the institutionalization began while the long-term care insurance...
431:10h-204.5 Electronic
Enrollment for Group Policies. (a) In the case of a group defined in paragraph (1) of the definition of "group long-term care insurance" in section 431:10H-104, any requirement...
431:10h-205 Continuation or Conversion. (a) Group long-term care insurance issued in this State beginning July 1, 2000, shall provide covered individuals with a basis for continuation or conversion...
431:10h-206 Discontinuance and Replacement. If a group long-term care insurance policy is replaced by another group long-term care insurance policy issued to the same policyholder, the succeeding insurer...
431:10h-207 Premiums Charged--Group and Individual Policies. (a) The premium charged to an insured shall
not increase due to either: (1) Increasing age of the insured at ages beyond sixty-five; or...
431:10h-207.5 Premium Rate Schedule Increases. (a) This section shall apply as follows: (1) Except as provided in paragraph (2), this section applies to any long-term care policy or certificate...
431:10h-208
Unintentional Lapse. (a) Each insurer offering long-term care insurance, as a protection against unintentional lapse, shall comply with this section. (b) No individual long-term care policy...
431:10h-209 Lapse or Termination for Nonpayment of Premium. No individual long-term care policy or certificate shall lapse or be terminated for nonpayment of premium unless the insurer, at least
thirty days before...
431:10h-210 Reinstatement. In addition to the requirements of sections 431:10H-208 and 431:10H-209, a long-term care insurance policy or certificate shall include a provision that provides for...
431:10h-211 Disclosure; Renewability. (a) Individual long-term care insurance
policies shall contain a renewability provision. The provision shall be appropriately captioned, shall appear on the first page of the...
431:10h-212 Disclosure; Riders and Endorsements. (a) Except for riders or endorsements by which the insurer effectuates a request made in writing by the insured under an individual long-term care...
431:10h-213 Disclosure; Payment of Benefits. A long-term care insurance policy that provides for the payment of benefits based on standards described as "usual and customary", "reasonable and customary", or...
431:10h-214 Disclosure; Limitations. If a long-term care insurance policy or certificate contains any
limitations with respect to preexisting conditions, the limitations shall appear as a separate paragraph...
431:10h-215 Disclosure; Other Limitations and Conditions on Eligibility for Benefits. A long-term care insurance policy or certificate containing any limitations or conditions for eligibility other than those prohibited in section 431:10H-109 shall set forth...
431:10h-216 Disclosure of Tax Consequences. With regard to life insurance policies that provide for an accelerated benefit for long-term care, a disclosure is required at the time of application...
431:10h-217 Disclosure; Benefit Triggers. Activities of daily living and cognitive impairment shall be used to
measure an insured's need for long-term care and shall be described in the...
431:10h-217.5 Required Disclosure of Rating Practices to Consumers. (a) This section shall apply as follows: (1) Except as provided in paragraph (2), this section applies to any long-term care policy or certificate...
431:10h-218
Prohibition Against Post-Claims Underwriting. (a) All applications for long-term care insurance policies or certificates except those that are guaranteed issue shall contain clear and unambiguous questions designed to...
431:10h-219 Minimum Standards for Home Health and Community Care Benefits. (a) A long-term care insurance policy or certificate shall not, if it provides benefits for
home health care or community care services, limit or...
431:10h-220 Requirement to Offer Inflation Protection; Group and Individual Policies. (a) No insurer may offer a long-term care insurance policy unless the insurer also offers to the policyholder in addition to any other inflation...
431:10h-221
Requirements for Application Forms and Replacement Coverage. (a) Application forms shall include questions designed to elicit information as to whether, as of the date of application, the applicant has another long-term...
431:10h-222 Reporting Requirements. (a) Every insurer shall maintain records for each producer of the producer's amount of replacement sales as a per cent of the
producer's total...
431:10h-223 Discretionary Powers of the Commissioner. The commissioner may upon written request and after an administrative hearing, issue an order to modify or suspend a specific provision or provisions of...
431:10h-224 Reserve Standards; Life Insurance Policies or Riders. (a)
When long-term care benefits are provided through the acceleration of benefits under group or individual life policies or riders to these policies, the...
431:10h-225 Reserve Standards; Insurance Other Than Life. When long-term care benefits are provided through insurance other than as in section 431:10H-224, reserves shall be determined by a table certified as appropriate...
431:10h-226 Loss Ratio. (a) Benefits under long-term care insurance policies shall be deemed reasonable in relation to premiums; provided that the expected loss ratio is at least...
431:10h-226.5 Initial Filing Requirements. (a) This section applies to any long-term care policy issued in this State after
December 31, 2007. (b) An insurer shall provide the information...
431:10h-227 Filing Requirements; Extraterritorial.] Prior to an insurer or similar organization offering group long-term care insurance to a resident of this State pursuant to section 431:10H-105, it shall...
431:10h-228 [Filing Requirements;
Advertisements.] (a) Every insurer, health care service plan, or other entity providing long-term care insurance or benefits in this State shall provide a copy of...
431:10h-229 Standards for Marketing. (a) Every insurer, health care service plan, or other entity marketing long-term care insurance coverage in this State, directly or through producers, shall: (1) Establish...
431:10h-230 Standards of Marketing--Certain Group Policies. (a) With respect to the obligations set forth in this section, the primary responsibility of an association as defined in paragraph (2) of the...
431:10h-231 Suitability. (a) This section shall not apply to life insurance policies that accelerate
benefits for long-term care. (b) Every insurer, health care service plan, or...
431:10h-232 Prohibition Against Preexisting Conditions and Probationary Periods in Replacement Policies and Certificates. If a long-term care insurance policy or certificate replaces another long-term care insurance policy or certificate, the replacing issuer shall waive any time periods...
431:10h-233 Nonforfeiture Benefit Requirement . (a) This section does not apply to life insurance policies containing accelerated long-term care benefits. (b) To comply with the requirement to offer a...
431:10h-234 Standards for Benefit Triggers. (a) A long-term care insurance policy shall condition the payment of benefits on
a determination of the insured's ability to perform activities of daily...
431:10h-234.5 Additional Standards for Benefit Triggers for Qualified Long-Term Care Insurance Contracts. (a) For purposes of this section, the following definitions apply: "Chronically ill individual" has the meaning prescribed for this term by section 7702B(c)(2)(A) of the...
431:10h-235 Standard Format Outline of Coverage; Group and Individual Policies. This section implements, interprets, and makes specific, the provisions of section 431:10H-112 in prescribing a standard format and the content of an outline of...
431:10h-236 Delivery of Shopper's Guide; Group and Individual Policies.
(a) A long-term care insurance shopper's guide in the format developed by the National Association of Insurance Commissioners, or a guide developed or approved...
431:10h-237 Penalties. In addition to any other penalties provided by the laws of this State, any insurer or producer found to have violated any requirement of this...
PART III. FEDERAL CONFORMITY
431:10h-301 Group Long-Term Care Insurance Policies Conformance to Health Insurance Portability and Accountability Act and Internal Revenue Code. (a) Every group long-term care insurance policy sold after June 30, 2000, may conform to Subtitle C of the Health Insurance Portability and Accountability...
431:10h-302
Individual Long-Term Care Insurance Policy Coverages. (a) Every individual long-term care insurance policy sold after June 30, 2000, shall provide coverage for one or more of the types of care...
431:10h-303 Conflict With Health Insurance Portability and Accountability Act. If a conflict occurs between a provision of this article and the federal Health Insurance Portability and
Accountability Act of 1996, P.L. 104-191, as...
431:10h-304 Disclosure of Qualification for Tax Benefits. (a) Every policy that is intended to be a qualified long-term care insurance contract as provided in the federal Health Insurance Portability and Accountability...
PART IV. UNIVERSAL AVAILABILITY OF LONG-TERM CARE INSURANCE
431:10h-401 Publicizing of Policies. For purposes of section 371-16, upon request by an employer, labor organization, retiree organization, or other entity specified under the definition of "group long-term...
431:10h-402 Purchase of Policy and Payment of Premiums on an Individual's Behalf. An insurer shall
allow a person to purchase an individual or group long-term care insurance policy and pay the premiums for an individual or...
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
431:13-101
Purpose. 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...
431:13-102 Unfair Methods of Competition; Unfair or Deceptive Acts or Practices Prohibited. 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...
431:13-103 Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Defined. 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...
431:13-104 Favored Producer or Insurer;
Coercion of Debtors. 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...
431:13-105 Power of Commissioner. 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...
431:13-106 Hearings. 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...
431:13-107 Commissioner's Right of Action. 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...
431:13-108 Reimbursement for Accident and Health or Sickness Insurance Benefits. 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...
PART II. PENALTIES AND JUDICIAL REVIEW
431:13-201 Cease and Desist and Penalty Orders; Judicial Review. (a) If, after the hearing, the commissioner shall determine that the person charged has engaged in an unfair method of competition or an unfair...
431:13-202 Penalty for Violation of Cease and Desist Orders. (a) Any person who violates a cease and
desist order of the commissioner under section 431:13-201 may be subject at the discretion of the...
431:13-203 Rules. The commissioner may adopt reasonable rules in accordance with chapter 91, as are necessary or proper to identify specific methods of competition or acts or...
431:13-204 Provisions of
Sections Additional to Existing Laws. The powers vested in the commissioner by this article shall be additional to any other power to enforce penalties or fines authorized by law...
ARTICLE 14 RATE REGULATION PART I. CASUALTY, SURETY, PROPERTY, MARINE AND TRANSPORTATION RATE REGULATION
431:14-101 Purpose. COMMERCIAL LIABILITY INSURANCE; TORT REFORM The following
provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-101.5 Definitions. COMMERCIAL LIABILITY INSURANCE; TORT REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-102 Scope. COMMERCIAL LIABILITY INSURANCE; TORT REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-103 Making of Rates. COMMERCIAL LIABILITY INSURANCE; TORT REFORM The following provisions on liability insurance are
excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-103.3 Rate Adjustment Mandates. COMMERCIAL LIABILITY INSURANCE; TORT REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-103.5 Contracting
Classification Premium Program. COMMERCIAL LIABILITY INSURANCE; TORT REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-104 Rate Filings. COMMERCIAL LIABILITY INSURANCE; TORT REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were
scheduled...
431:14-104.5 Loss Cost Filings. COMMERCIAL LIABILITY INSURANCE; TORT REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-105 Policy Revisions that Alter Coverage. COMMERCIAL LIABILITY INSURANCE; TORT
REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-105.5 Standing to Intervene in Rate Filing and Ratemaking Proceedings. COMMERCIAL LIABILITY INSURANCE; TORT REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-106 Disapproval of Filings. COMMERCIAL LIABILITY INSURANCE; TORT REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-107 Rating Organizations. COMMERCIAL LIABILITY INSURANCE; TORT REFORM The following provisions on
liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-107.1 Rating and Advisory Organizations, Permitted Activity. COMMERCIAL LIABILITY INSURANCE; TORT REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-107.2 Insurers and Organizations, Prohibited Activity. COMMERCIAL LIABILITY INSURANCE; TORT REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-107.3 Rating or Advisory Organizations, Prohibited Activity. COMMERCIAL
LIABILITY INSURANCE; TORT REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-108 Deviations. COMMERCIAL LIABILITY INSURANCE; TORT REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-109 Appeal by Minority. COMMERCIAL LIABILITY INSURANCE; TORT REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-110 Information to Be Furnished Insureds; Hearings and Appeals of Insureds. COMMERCIAL LIABILITY INSURANCE;
TORT REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-110.5 Disclosure of Workers' Compensation Premium Information. COMMERCIAL LIABILITY INSURANCE; TORT REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-110.8 Publication of Homeowners Insurance Premium Information. COMMERCIAL LIABILITY INSURANCE; TORT REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-111 Advisory Organizations. COMMERCIAL LIABILITY INSURANCE; TORT
REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-112 Joint Underwriting or Joint Reinsurance. COMMERCIAL LIABILITY INSURANCE; TORT REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-113 Examination. COMMERCIAL LIABILITY INSURANCE; TORT REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-114 Rate Administration. COMMERCIAL LIABILITY INSURANCE; TORT REFORM The following provisions on liability
insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-115 False or Misleading Information. COMMERCIAL LIABILITY INSURANCE; TORT REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-116
Assigned Risks. COMMERCIAL LIABILITY INSURANCE; TORT REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-116.5 Assigned Risk Pool; Experience Rating Plan. COMMERCIAL LIABILITY INSURANCE; TORT REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of
which were scheduled...
431:14-116.6 Assigned Risk Pool; Residual Market Plan. COMMERCIAL LIABILITY INSURANCE; TORT REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-117 Penalties. COMMERCIAL LIABILITY
INSURANCE; TORT REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-118 Hearing Procedure and Judicial Review. COMMERCIAL LIABILITY INSURANCE; TORT REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-119 Repealed. COMMERCIAL LIABILITY INSURANCE; TORT REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
431:14-120 Additional Powers for Workers' Compensation Rate Filing and Ratemaking. COMMERCIAL LIABILITY INSURANCE; TORT
REFORM The following provisions on liability insurance are excerpts from L Sp 1986, c 2, some provisions of which were scheduled...
ARTICLE 14A HAWAII EMPLOYERS' MUTUAL INSURANCE COMPANY
431:14a-101 Purpose. The Hawaii employers' mutual insurance company is established to provide workers' compensation coverage to employers of the State at the highest level of service...
431:14a-102 Definitions. As used in this article: "Administrator" means the chief executive officer of the Hawaii employers' mutual insurance company. "Board" means the board of directors...
431:14a-103 Hawaii Employers' Mutual Insurance Company, Established. (a) The Hawaii employers' mutual insurance
company is established as an independent corporation to provide workers' compensation insurance and related services to Hawaii employers....
431:14a-104 Company Divisions. (a) For purposes of providing representation on the board, the company shall consist of industry divisions and a high risk division. Assignments to each...
431:14a-105 Board of Directors, Established. (a) The board of directors of the company shall be responsible for the organization, management, policies, and activities of the company. The board shall...
431:14a-106 Powers; Generally. Except as otherwise limited by this chapter, the company may: (1) Sue, be sued,
complain, and defend, in its corporate name; (2) Have a...
431:14a-107 Duties and Responsibilities. (a) All corporate powers shall be exercised by or under the authority of the board, unless otherwise provided in this chapter or in the...
431:14a-108 Administrator; Appointment; Duties. (a) The board
shall hire an administrator who shall serve at the pleasure of the board. The administrator shall be the chief executive officer...
431:14a-109 Financial Management. (a) The board shall select a custodial trustee to collect, receive, hold, or disburse moneys payable to or by the company. (b) The board...
431:14a-109.5 Oversight Council. (a) There is established the Hawaii employers' mutual insurance company oversight council which shall meet at least once annually. For administrative purposes only, the...
431:14a-110 Premium Rates, Determination. (a) The board shall establish the premium rates to be charged
for insurance sold by the company. The company shall comply with the requirements...
431:14a-111 Reserves, Investment. The board may invest or reinvest any surplus or reserves within the limitations established for insurance companies under chapter 431. [L 1996, c 261,...
431:14a-112 Financial Statements and
Other Reports. (a) The company shall submit to the commissioner an annual statement of financial condition audited by an independent certified accountant. The audit report shall...
431:14a-113 Annual Accounting; Dividends. (a) The company shall conduct an annual accounting of its incurred loss experience and expenses. (b) The board may declare and apportion reasonable dividends...
431:14a-114 Audits. The administrator, or designated representative, shall have reasonable access to any policyholder's payroll and employment records during regular working hours to carry out audits...
431:14a-115 Denial, Cancellation, and Termination. The company may deny coverage or renewal of an
existing policy or may terminate an existing policy of a policyholder or applicant for: (1)...
431:14a-116 Wilful Misrepresentation and Fraud. (a) Any person who wilfully makes a false statement or representation for the purpose of directly obtaining any compensation or payment or for the...
431:14a-117
Workplace Safety and Health Programs. (a) The company shall work with policyholders, health care providers, and employees to develop, implement, and monitor workplace safety and health and return to...
431:14a-118 Discontinuation of Residual Market Plan. (a) The residual market plan, as authorized by section 431:14-116.6, is discontinued effective December 31, 1996, or the date the
company writes its first...
431:14a-119 Discontinuation of Assigned Risks. (a) Assigned risk coverage, as authorized by section 431:14-116, is discontinued effective December 31, 1996, or the date the company writes its first policy,...
ARTICLE 14F HEALTH INSURANCE RATE REGULATION--REPEALED
431:14f-101 to 431:14f-113 Repealed. L 2002, c 74, §6. Note The purported repeal of the L 2004, c 202, §50 amendment to §431:14F-113 on June 30, 2010, by...
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
431:15-201 Commissioner's Summary Orders and Supervision Proceedings. (a) If, upon examination or at any other time, the commissioner finds that any domestic insurer requires
supervision because it is in such condition...
431:15-202 Court's Seizure Order. (a) The commissioner may file in the circuit court of the first judicial circuit of this State a petition alleging, with respect to a...
431:15-203 Confidentiality of Hearings. In all proceedings and judicial reviews
thereof under section 431:15-201 and section 431:15-202, all records of the insurer, other documents, and all files, court...
PART III. FORMAL PROCEEDINGS
431:15-301 Grounds for Rehabilitation. (a) The commissioner may apply by petition to the circuit court of the first judicial circuit for an order authorizing the commissioner to rehabilitate...
431:15-302 Rehabilitation Orders. (a) An order to rehabilitate the business of a domestic insurer, or an alien insurer domiciled in this State, shall appoint the commissioner and...
431:15-303 Powers and Duties of the Rehabilitator. (a) The commissioner as rehabilitator may appoint one or more special deputies,
who shall have all the powers and responsibilities of the rehabilitator granted...
431:15-304 Actions by and Against Rehabilitator. (a) Any court in this State before which any action or proceeding in which the insurer is a party or is obligated to defend...
431:15-305 Termination of Rehabilitation.
(a) Whenever the commissioner believes further attempts to rehabilitate an insurer would substantially increase the risk of loss to creditors, policyholders or the public,...
431:15-306 Grounds for Liquidation. The commissioner may petition the circuit court of the first judicial circuit for an order directing the commissioner to liquidate a domestic insurer or...
431:15-307 Liquidation Orders. (a) An order to liquidate the business of a domestic insurer shall appoint the commissioner and the commissioner's successors in office liquidator, and shall...
431:15-308 Continuance of Coverage. (a) All policies, other than life or accident and health or sickness insurance or
annuities, in effect at the time of issuance of an...
431:15-309 Dissolution of Insurer. The commissioner may petition for an order dissolving the corporate existence of a domestic insurer or the United States branch of an alien insurer...
431:15-310 Powers of Liquidator. (a) The liquidator shall have
the power to: (1) Appoint a special deputy to act for the liquidator under this article, and to determine...
431:15-311 Notice to Creditors and Others. (a) Unless the court otherwise directs, the liquidator shall give or cause to be given notice of the liquidation order as soon as possible...
431:15-312 Duties
of Producers. (a) Every person who receives notice in the form prescribed in section 431:15-311 that an insurer whom the producer represents is the subject of a...
431:15-313 Actions by and Against Liquidator. (a) Upon issuance of an order appointing a liquidator of a domestic insurer or of an alien insurer domiciled in this State, no action...
431:15-314 Collection and List of Assets. (a) As soon as practicable after the liquidation order, but not later than one hundred twenty days thereafter, the liquidator shall prepare in duplicate...
431:15-315 Fraudulent Transfers Prior to Petition. (a) Every transfer made or suffered and every obligation incurred
by an insurer within one year prior to the filing of a successful petition...
431:15-316 Fraudulent Transfer After Petition. (a) After a petition for rehabilitation or liquidation has been filed, a transfer of any of the real property of the insurer made to...
431:15-317 Voidable Preferences and Liens.
(a)(1) A preference is a transfer of any of the property of an insurer to or for the benefit of a creditor, for or...
431:15-318 Claims of Holders of Void or Voidable Rights. (a) No claims of a creditor who has received or acquired a preference, lien, conveyance, transfer, assignment, or encumbrance, voidable under this article, shall...
431:15-319 Setoffs and Counterclaims. (a) Mutual debts or mutual credits between the insurer and another person in connection with any action or proceeding under this article shall be...
431:15-320 Assessments. (a) As soon as practicable but not more than two years from the date of an order of liquidation under
section 431:15-307 of an...
431:15-321 Reinsurer's Liability. The amount recoverable by the liquidator from reinsurers shall not be reduced as a result of delinquency proceedings, regardless of any provision in the...
431:15-322 Applicability of Claims Settlement Provisions to Loss Claims. Section
431:15-310(a)(18), section 431:15-325 through section 431:15-328, section 431:15-333, section 431:15-403(c), section 431:15-406, and section 431:15-407 do not apply to loss claims to the...
431:15-323 Recovery of Premiums Owed. (a) A producer, premium finance company, or any other person, other than the insured, responsible for the payment of a premium shall be obligated...
431:15-324 Domiciliary Liquidator's Proposal to Distribute Assets. (a) Within one hundred twenty days of a final determination of insolvency of an insurer by a court of competent jurisdiction of this State,...
431:15-325 Filing of Claims. (a) Proof of all claims shall be filed with the liquidator in the form
required by section 431:15-326 on or before the last day...
431:15-326 Proof of Claim. (a) Proof of claim shall consist of a statement signed by the claimant that includes all of the following that are applicable: (1) The...
431:15-327 Special Claims. (a) The claim of a third party which is contingent
only on first obtaining a judgment against the insured shall be considered and allowed...
431:15-328 Provisions for Third Party Claims. (a) Whenever any third party asserts a cause of action against an insured of an insurer in liquidation, the third party may file a...
431:15-329 Disputed Claims. (a)
When a claim is denied in whole or in part by the liquidator, written notice of the determination shall be given to the...
431:15-330 Claims of Surety. Whenever a creditor whose claim against an insurer is secured, in whole or in part, by the undertaking of another person, fails to prove...
431:15-331 Secured
Creditor's Claims. (a) The value of any security held by a secured creditor shall be determined in one of the following ways, as the court may...
431:15-332 Priority of Distribution. The priority of distribution of claims from the insurer's estate shall be in accordance with the order in which each class of claims is...
431:15-333 Liquidator's Recommendations to the Court. (a) The liquidator shall review all claims duly filed in the liquidation and shall make such further investigation as the liquidator shall deem necessary....
431:15-334 Distribution of Assets. (a) Subject to any instructions the court may give, the liquidator
shall make distributions pursuant to section 431:15-332 in a manner that will assure...
431:15-335 Unclaimed and Withheld Funds. (a) All unclaimed funds subject to distribution remaining in the liquidator's hands when the liquidator is ready to apply to the court for discharge,...
431:15-336 Termination of
Proceedings. (a) When all assets justifying the expense of collection and distribution have been collected and distributed under this article, the liquidator shall apply to...
431:15-337 Reopening Liquidation. After the liquidation proceeding has been terminated and the liquidator discharged, the commissioner or other interested party may at any time petition the circuit...
431:15-338 Disposition of Records During and After Termination of Liquidation. Whenever it shall appear to the commissioner that the records of any insurer in process of liquidation or completely liquidated are no longer useful,...
PART IV. INTERSTATE RELATIONS
431:15-401 Conservation of Property of
Foreign or Alien Insurers Found in This State. (a) If a domiciliary liquidator has not been appointed, the commissioner may apply to the circuit court of the first judicial circuit by verified...
431:15-402 Liquidation of Property of Foreign or Alien Insurers Found in This State. (a) If no domiciliary receiver has been appointed, the commissioner may apply to the circuit court of the first
judicial circuit by verified petition...
431:15-403 Domiciliary Liquidators in Other States. (a) The domiciliary liquidator of an insurer domiciled in a reciprocal state shall, except as to special deposits and security on secured claims under...
431:15-404 Ancillary Formal Proceedings. (a) If a
domiciliary liquidator has been appointed for an insurer not domiciled in this State, the commissioner may file a petition with the...
431:15-405 Ancillary Summary Proceedings. The commissioner, in the commissioner's sole discretion, may institute proceedings under section 431:15-201 through section 431:15-203 at the request of the commissioner or other...
431:15-406 Claims of Nonresidents Against Insurers Domiciled in This State. (a) In a liquidation proceeding begun in this State against an insurer domiciled in this State, claimants residing in foreign countries or in states...
431:15-407 Claims of Residents Against Insurers Domiciled in Reciprocal States. (a) In
a liquidation proceeding in a reciprocal state against an insurer domiciled in that state, claimants against the insurer who reside within this...
431:15-408 Attachment, Garnishment and Levy of Execution. During the pendency in this or any other state of a liquidation proceeding, whether called by that name or not, no action or proceeding...
431:15-409 Interstate Priorities. (a) In a liquidation proceeding in this State involving one or more reciprocal states, the order of distribution of the domiciliary state shall control...
431:15-410 Subordination of Claims for Noncooperation. If an ancillary receiver in another state or foreign country, whether
called an ancillary receiver or not, fails to transfer to the domiciliary liquidator...
431:15-411 Separability. If any provision of this article or the application thereof to any person or circumstance is for any reason held to be invalid, the...
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
431:17-101 to 106 Repealed. L 1993, c 339, §8.
ARTICLE 19 CAPTIVE INSURANCE COMPANIES PART I. GENERAL PROVISIONS
431:19-101 Definitions. Part I designation added by L 2008, c 190, §2. §431:19-101 Definitions. As used in this article: "Administrator" means the captive insurance administrator established...
431:19-101.2 Confidential Treatment. Part I designation added by L 2008, c 190, §2. §431:19-101.2 Confidential
treatment. (a) Except as otherwise provided in this section, all nonpublic information...
431:19-101.3 Repealed. Part I designation added by L 2008, c 190, §2. §431:19-101.3 REPEALED. L 2012, c 253, §23.
431:19-101.4 Service Providers. Part I designation added by L 2008, c 190, §2. [§431:19-101.4]
Service providers. The commissioner shall have the authority to approve service providers to...
431:19-101.5 Captive Insurance Administrator. Part I designation added by L 2008, c 190, §2. §431:19-101.5 Captive insurance administrator. There shall be established within the insurance division a captive...
431:19-101.6 Salary. Part I designation added by L 2008, c 190, §2. [§431:19-101.6] Salary. The salary of the administrator shall be set by the director of...
431:19-101.7 General Powers and Duties. Part I designation added by L 2008, c 190, §2. [§431:19-101.7] General powers and duties. The administrator
shall: (1) Have the authority expressly conferred...
431:19-101.8 Captive Insurance Administrative Fund. Part I designation added by L 2008, c 190, §2. §431:19-101.8 Captive insurance administrative fund. (a) The commissioner may establish a separate fund designated...
431:19-102 Certificate of
Authority. Part I designation added by L 2008, c 190, §2. §431:19-102 Certificate of authority. (a) When permitted by an applicant captive insurance company's organizational...
431:19-102.2 Personal Lines Insurance. Part I designation added by L 2008, c 190, §2. §431:19-102.2 Personal lines insurance. (a) A captive insurance company may be licensed to provide...
431:19-102.3 Redomestication; Approval As a Domestic Captive Insurer. Part I designation added by L 2008, c 190, §2. §431:19-102.3 Redomestication; approval as a domestic captive insurer. (a) Any foreign or alien captive...
431:19-102.4 Redomestication; Conversion to Foreign Insurer. Part I designation added
by L 2008, c 190, §2. §431:19-102.4 Redomestication; conversion to foreign insurer. (a) Any domestic captive insurance company, upon approval...
431:19-102.5 Repealed. Part I designation added by L 2008, c 190, §2. §431:19-102.5 REPEALED. L 2000, c 67, §3.
431:19-103 Names of Companies. Part I
designation added by L 2008, c 190, §2. §431:19-103 Names of companies. No captive insurance company shall adopt a name that is...
431:19-104 Minimum Capital and Surplus. Part I designation added by L 2008, c 190, §2. §431:19-104 Minimum capital and surplus. (a) Each captive insurance company licensed pursuant to this...
431:19-105 Repealed. Part I designation added by L 2008, c 190, §2. §431:19-105 REPEALED. L 2007, c 232, §10.
431:19-106 Formation of Captive Insurance Companies in This State. Part I designation added by L 2008, c 190, §2. §431:19-106 Formation of captive insurance companies in this State. (a) A captive
insurance company...
431:19-106.3 Repealed. Part I designation added by L 2008, c 190, §2. §431:19-106.3 REPEALED. L 2008, c 190, §7.
431:19-106.5 Conversion or Merger of Captive Insurers. Part I designation added by L 2008, c 190, §2. §431:19-106.5 Conversion or merger of captive insurers. (a)
Subject to this section, a captive...
431:19-107 Financial Statements and Other Reports. Part I designation added by L 2008, c 190, §2. §431:19-107 Financial statements and other reports. (a) Each captive insurance company other than a...
431:19-108 Examinations, Investigations, and Financial Surveillance.
Part I designation added by L 2008, c 190, §2. §431:19-108 Examinations, investigations, and financial surveillance. (a) The commissioner or any authorized examiner may...
431:19-109 Grounds and Procedures for Suspension and Revocation of Certificate of Authority; Fines. Part I designation added by L 2008, c 190, §2. §431:19-109 Grounds and procedures for suspension and revocation of
certificate of authority; fines. (a)...
431:19-110 Investments. Part I designation added by L 2008, c 190, §2. §431:19-110 Investments. (a) Except for risk retention captive insurance companies, captive insurance companies licensed...
431:19-111 Reinsurance. Part I designation added by L 2008, c 190,
§2. §431:19-111 Reinsurance. (a) Any captive insurance company may provide reinsurance on risks ceded by...
431:19-111.5 Class 5 Companies. Part I designation added by L 2008, c 190, §2. §431:19-111.5 Class 5 companies. (a) A class 5 company under this article is one...
431:19-112 Rating Organizations;
Memberships. Part I designation added by L 2008, c 190, §2. §431:19-112 Rating organizations; memberships. No captive insurance company shall be required to join a...
431:19-113 Exemption From Compulsory Associations. Part I designation added by L 2008, c 190, §2. §431:19-113 Exemption from compulsory associations. No captive insurance company shall be permitted to join...
431:19-114 Rules. Part I designation added by L 2008, c 190, §2. §431:19-114 Rules. The commissioner may adopt rules pursuant to chapter 91 to implement this...
431:19-115 Laws Applicable. Part I designation added by L 2008, c 190, §2. §431:19-115 Laws applicable. (a) No insurance laws of this State other than
those contained...
431:19-115.5 Applicability of Other Laws to Captive Insurance Companies Writing Motor Vehicle Insurance Policies in This State. Part I designation added by L 2008, c 190, §2. §431:19-115.5 Applicability of other laws to captive insurance companies writing motor vehicle insurance policies...
431:19-115.6 Applicability of Other Laws to Captive Insurance Companies Writing Credit Life or Other Credit Disability Insurance Policies. Part I designation added by L 2008, c 190, §2. [§431:19-115.6] Applicability of other laws to captive insurance companies writing credit life or other...
431:19-115.7 Applicability
of Other Laws to Captive Insurance Companies Writing Direct Workers' Compensation Insurance Policies. Part I designation added by L 2008, c 190, §2. §431:19-115.7 Applicability of other laws to captive insurance companies writing direct workers' compensation insurance...
431:19-116 Taxation. Part I designation added by L 2008, c 190, §2. §431:19-116 Taxation. (a) Each captive insurance
company licensed to do business in this State...
PART II. SPECIAL PURPOSE FINANCIAL CAPTIVE INSURANCE COMPANIES
431:19-201 Purpose. This part provides for the creation of special purpose financial captive insurance companies for the exclusive purpose of facilitating the securitization of one or...
431:19-202 Applicable Law. (a) A special purpose financial captive insurance company shall be subject to the provisions of this part and to part I. If there is...
431:19-203 Definitions. For purposes of this part: "Counterparty" means the insurer that cedes risk to a special purpose financial captive insurance
company which, unless otherwise approved...
431:19-204 Certificate of Authority. (a) Any special purpose financial captive insurance company, when permitted by its organizational documents, may apply to the commissioner for a certificate of authority...
431:19-205 Changes in Plan of Operation; Voluntary
Dissolution or Cessation of Business. (a) Any change in the special purpose financial captive insurance company's plan of operation shall require the prior approval of the commissioner. (b) Any...
431:19-206 Formation. (a) A special purpose financial captive insurance company may be incorporated as a stock corporation, limited liability company, mutual association, partnership, or other
form...
431:19-207 Minimum Capital and Surplus. A special purpose financial captive insurance company shall not be issued a license unless it possesses and thereafter maintains unimpaired capital and surplus of...
431:19-208 Issuance of Securities. (a) A special purpose financial captive insurance
company may issue securities, as defined in section 485A-102, subject to and in accordance with its approved...
431:19-209 Authorized Contracts and Agreements. (a) A special purpose financial captive insurance company shall insure only the risks of a counterparty and shall not issue a contract for assumption...
431:19-210 Disposition of Assets; Investments. (a) The assets of a special purpose financial captive insurance company shall be preserved and administered by or on behalf of the special purpose...
431:19-211 Annual Reporting; Books and Records. (a) For purposes of section 431:19-107(a), the commissioner may
require any appropriate or necessary modification or supplemental or additional information to be filed with...
431:19-212 Suspension and Revocation of Certificate of Authority. (a) The commissioner shall notify a special purpose financial captive insurance company not less than thirty days before suspending or revoking its certificate of...
431:19-213 Supervision, Rehabilitation, Liquidation. (a) Except as otherwise provided in this part, article 15 shall apply in full to a special purpose financial captive insurance company. (b) Upon...
431:19-214 Existing Licenses. Except as otherwise determined by the commissioner, a captive insurance company,
that has been issued a certificate of authority by the commissioner pursuant to...
Part III. SPONSORED CAPTIVE INSURANCE COMPANIES
431:19-301 Formation. (a) One or more sponsors may form a sponsored captive insurance company under this part. In addition to the general provisions of this article,...
431:19-302 Supplemental Application Materials. 302] Supplemental application materials. In addition to the information required in section 431:19-102(c) and (d), each sponsored captive insurance company applicant that segregates the risks...
431:19-303 Protected Cells. A sponsored captive insurance company formed
and licensed under this article may establish and maintain one or more protected cells to insure risks of...
431:19-304 Qualification of Sponsors. A sponsor of a sponsored captive insurance company shall be an insurer licensed under laws of any state, a reinsurer authorized or approved under...
431:19-305
Participants in Sponsored Captive Insurance Companies. (a) Associations, corporations, limited liability companies, partnerships, trusts, and other business entities may be participants in any sponsored captive insurance company formed or licensed...
431:19-306 Investments by Sponsored Captive Insurance Companies. Notwithstanding section 431:19-303, the assets of two or more protected
cells may be combined for purposes of investments, and the combination shall not be...
431:19-307 Delinquency of Sponsored Captive Insurance Companies. In the case of a sponsored captive insurance company, article 15 shall apply; provided that: (1) The assets of a protected cell may not...
431:19-308
Applicable Laws. A sponsored captive insurance company shall be subject to this part and to part I. If there is any conflict between this part and...
431:19-309 Existing Licenses. Except as otherwise determined by the commissioner, a captive insurance company that has been issued a certificate of authority by the commissioner pursuant to...
ARTICLE 20 TITLE INSURANCE AND
TITLE INSURERS
431:20-101 Scope. Mentioned: 74 H. 85, 839 P.2d 10. §431:20-101 Scope. This article relates only to title insurers and title insurance policies. [L 1987, c 347,...
431:20-102 Definitions. Mentioned: 74 H. 85, 839 P.2d 10. §431:20-102 Definitions. For the purposes of this article: (1)
Controlled escrow company means each person engaged in...
431:20-103 General Insurance Law Applicable Mentioned: 74 H. 85, 839 P.2d 10. §431:20-103 General insurance law applicable. The following provisions shall apply to title insurance and to title insurers:...
431:20-104 Particular Provisions Prevail.
Mentioned: 74 H. 85, 839 P.2d 10. §431:20-104 Particular provisions prevail. If any provision of this code as incorporated in this article by section...
431:20-105 Authorized Business. Mentioned: 74 H. 85, 839 P.2d 10. §431:20-105 Authorized business. (a) Each title insurer may engage in the title insurance business in this State...
431:20-106 Restrictions on Business. Mentioned: 74 H. 85, 839 P.2d 10. §431:20-106 Restrictions on business. Any insurer which anywhere in the United States transacts any class of insurance...
431:20-106.5 Escrow Depositories. Mentioned: 74 H. 85, 839 P.2d 10. [§431:20-106.5] Escrow depositories. Any title
insurer or insurer which operates as an escrow depository as defined in...
431:20-107 Capital Requirements. Mentioned: 74 H. 85, 839 P.2d 10. §431:20-107 Capital requirements. A title insurer shall have a minimum capital, which shall be paid in and...
431:20-108 Guarantee Fund. Mentioned: 74 H. 85,
839 P.2d 10. §431:20-108 Guarantee fund. (a) A title insurer, before issuing any title insurance policy covering property located in...
431:20-109 Limitations on Compliance With Section 431:20-107 and Section 431:20-108. Mentioned: 74 H. 85, 839 P.2d 10. §431:20-109 Limitations on compliance with section 431:20-107 and section 431:20-108. If section 431:20-107 or section 431:20-108 requires...
431:20-110 Purchase of Materials and Plant; Valuation. Mentioned: 74 H. 85, 839 P.2d 10. §431:20-110 Purchase of materials and plant; valuation. Any domestic title insurer, after having its required capital paid...
431:20-110.5 Dividends. Mentioned: 74 H. 85, 839 P.2d 10. §431:20-110.5 Dividends. A title
insurer shall not pay any dividends except from profits remaining on hand after...
431:20-111 Loans to Officers, Etc. Mentioned: 74 H. 85, 839 P.2d 10. §431:20-111 Loans to officers, etc. A title insurer shall not directly or indirectly make a loan from...
431:20-112 Limit of Risk. Mentioned: 74 H.
85, 839 P.2d 10. §431:20-112 Limit of risk. No insurer transacting title insurance in this State shall expose itself to any...
431:20-113 Underwriting Standards and Record Retention. Mentioned: 74 H. 85, 839 P.2d 10. §431:20-113 Underwriting standards and record retention. (a) No title insurance policy may be written unless and until...
431:20-114 Reinsurance Reserve. Mentioned: 74 H. 85, 839 P.2d 10. §431:20-114 Reinsurance reserve. (a) A domestic title insurer shall establish and maintain a reinsurance reserve computed in...
431:20-115 Use of Reinsurance Reserve on Liquidation, Dissolution or Insolvency. Mentioned: 74 H. 85, 839 P.2d 10.
§431:20-115 Use of reinsurance reserve on liquidation, dissolution or insolvency. (a) If a domestic title insurer becomes...
431:20-116 Loss and Loss Expense Reserve. Mentioned: 74 H. 85, 839 P.2d 10. §431:20-116 Loss and loss expense reserve. (a) All title insurers licensed in this State shall establish and...
431:20-117 Reinsurance. Mentioned: 74 H. 85, 839 P.2d 10. §431:20-117 Reinsurance. (a) A title insurer may obtain reinsurance for all or any part of its liability...
431:20-118 Prohibition on Rebates and Inducements. Mentioned: 74 H. 85, 839 P.2d 10. §431:20-118 Prohibition on rebates and inducements. (a) No
title insurer, controlled escrow company, or underwritten title company...
431:20-119 Division of Fees. Mentioned: 74 H. 85, 839 P.2d 10. §431:20-119 Division of fees. Nothing in this article shall prohibit the division of fees or charges between...
431:20-120 Schedules of Premiums and Charges.
Mentioned: 74 H. 85, 839 P.2d 10. §431:20-120 Schedules of premiums and charges. (a) Every title insurer shall adopt, print, and make available to...
431:20-121 Contract Forms, Filing, Disapproval. Mentioned: 74 H. 85, 839 P.2d 10. §431:20-121 Contract forms, filing, disapproval. (a) Every title insurer shall at least thirty days before use, file...
431:20-122 Annual Statement. Mentioned: 74 H. 85, 839 P.2d 10. §431:20-122 Annual statement. Every title insurer shall include in its annual statement furnished to the commissioner pursuant...
431:20-123 Remedies. Mentioned: 74 H. 85, 839 P.2d 10. §431:20-123 Remedies. In enforcing this article, the commissioner
shall be entitled to the remedies provided for in...
431:20-124 Additional Penalty. Mentioned: 74 H. 85, 839 P.2d 10. §431:20-124 Additional penalty. Every title insurer, controlled escrow company, and underwritten title company who pays any commission...
431:20-125 Revocation or Suspension of Title Insurer's
Certificate of Authority. Mentioned: 74 H. 85, 839 P.2d 10. §431:20-125 Revocation or suspension of title insurer's certificate of authority. (a) The commissioner may after a hearing...
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
431:22-101 Definitions. As used in this article: "Commissioner" means the insurance commissioner. "Loss mitigation" means actions undertaken to reduce losses that may result from a hazard....
431:22-102 Repealed. L 2011, c 124, §55.
431:22-103 Establishment of Loss Mitigation Grant Program. The commissioner shall develop and implement a pilot grant program to encourage the installation of wind resistive devices. The commissioner may spend up to...
431:22-104 Standards for the Award of Grants. (a) Subject to the availability of funds and the standards in this article, grants for wind resistive devices shall be awarded by the commissioner:...
431:22-105 Technical Advisory Committee. The commissioner shall appoint an advisory committee of persons having
expertise and familiarity relevant to the mitigation grant program and feasibility study report. [L...
431:30-101 Scope. (a) The interstate insurance product regulation compact is intended to help states join together to establish an interstate compact to regulate designated insurance products....
431:30-102 Definitions. As used in this article, the following definitions apply: "Advertisement" means any material designed to create public interest in a product, or induce the public...
431:30-103 Establishment of the Commission and Venue. (a) The compacting states hereby create and establish a joint public
entity known as the interstate insurance product regulation commission. Pursuant to section 431:30-112, the...
431:30-104 Powers of the Commission. The commission may: (1) Adopt rules pursuant to section 431:30-112, which shall have the force and effect of law and shall be binding in the...
431:30-105
Repealed. L 2010, c 116, §4.
431:30-106 Membership; Voting; Bylaws. (a) Each compacting state shall have and be limited to one member. Each member shall be qualified to serve in such capacity under or pursuant...
431:30-107 Management Committee; Officers and Personnel. (a) A management
committee comprising no more than fourteen members shall be established as follows: (1) One member from each of the six compacting states...
431:30-108 Legislative and Advisory Committees. (a) A legislative committee comprising state legislators or their designees shall be established to monitor the operations of, and make recommendations to, the commission...
431:30-109 Corporate Records of the Commission. The commission shall maintain its corporate books and records in accordance with the bylaws. [L 2004, c 104, pt of §2]
431:30-110 Qualified Immunity; Defense; Indemnification. (a) The members, officers, executive director, employees, and representatives of the
commission shall be immune from suit and liability, either personally or in their official...
431:30-111 Meetings and Acts of the Commission. (a) The commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws. (b) Each member...
431:30-112 Rules and
Operating Procedures; Rulemaking Functions of the Commission and Rejection of Uniform Standards. (a) The commission shall adopt reasonable rules, including uniform standards, and operating procedures to effectively and efficiently achieve the purposes of this compact. Notwithstanding the...
431:30-113 Commission Records and Enforcement. (a) The commission shall adopt rules establishing
conditions and procedures for public inspection and copying of its information and official records, except information and...
431:30-114 Dispute Resolution. The commission, upon the request of a member, shall attempt to resolve any disputes or other issues that are subject to this compact and...
431:30-115
Product Filing and Approval. (a) Insurers and third-party filers seeking to have a product approved by the commission shall file such product with, and pay applicable filing fees...
431:30-116 Review of Commission Decisions Regarding Product Filings. (a) Not later than thirty days after the commission has given notice that it has disapproved a product or advertisement filed with the
commission,...
431:30-117 Finance. (a) The commission shall pay or provide for the payment of the reasonable expenses of its establishment and organization. To fund the cost of...
431:30-118 Compacting States; Effective Date; Amendment. (a) Any state is eligible to become a compacting state. (b) The
compact shall become effective and binding upon legislative enactment of the compact into...
431:30-119 Withdrawal. (a) Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided that a compacting state may...
431:30-120 Default. (a) If the
commission determines that any compacting state has at any time defaulted ("defaulting state") in the performance of any of its obligations...
431:30-121 Dissolution of Compact. (a) The compact dissolves effective upon the date of the withdrawal or default of the compacting state that reduces membership in the compact to one...
431:30-122 Severability and Construction. (a) The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the...
431:30-123 Other Laws. (a) Nothing herein prevents the enforcement of any other law of a compacting state
except as provided in subsection (b). (b) For any product approved...
431:30-124 Binding Effect of the Compact. (a) All lawful actions of the commission, including all rules and operating procedures adopted by the commission, are binding upon the compacting states. (b)...
Article 31 portable electronics insurance
431:31-101 Definitions. For purposes of this article: "Customer" means a person who purchases portable electronics or services. "Enrolled customer" means a customer who elects coverage under...
431:31-102 Licensure of Vendors. (a) A vendor shall hold a limited lines license to sell or offer coverage under a
policy of portable electronics insurance. (b) A limited...
431:31-103 Requirements for Sale of Portable Electronics Insurance. (a) At every location at which portable electronics insurance is offered to customers, brochures or other written materials shall be made available to prospective...
431:31-104
Authority of Vendors. (a) The employees and authorized representatives of vendors may sell or offer portable electronics insurance to customers and shall not be subject to licensure...
431:31-105 Sanctions for Violations. The vendor or its employee or authorized representative shall be subject to sanctions pursuant to this chapter for the violation of any provision of...
431:31-106 Termination or Modification of Portable Electronics Insurance. (a) An insurer may terminate or otherwise change the terms and conditions of a policy of portable electronics insurance. The vendor and enrolled customers...
431:31-107 Application for License and Fees. (a) A sworn application for a license
under this article shall be filed with the commissioner on forms prescribed and furnished by the commissioner....
431:31-108 Portable Electronics Insurance Claims. No licensed independent adjuster or licensed vendor shall supervise more than twenty-five employees; provided that a licensed vendor who supervises employees or adjusts claims shall...
Last modified: October 27,
2016
What is the fine for using an unapproved name by a producer?
an insurance producer using a name that has not been approved will be fined up to $250. if, 10 days after being notified by the commissioner to stop using the unapproved name, the producer continues to use the name, the producer will be subject to a fine of up to $5,000.
What must an authorized insurer have to transact an insurance business in Hawaii?
NOTE: An insurer must obtain their Certificate of Authority from the Hawaii Insurance Division in order to transact insurance business in this State.
Does Hawaii require car insurance?
Having motor vehicle insurance is essential to owning a motor vehicle in Hawaii. Hawaii State law requires that your vehicle be insured throughout the motor vehicle registration period and that you have a valid Hawaii motor vehicle insurance identification card in your motor vehicle at all times.
What happens if a producer acts without a bond?
The producer's license may be revoked if the producer acts without a bond that is required. Which of the following is NOT considered a misrepresentation as it pertains to unfair trade practices?
