reglab/housing_qa huggingface dataset:
HI Rev Stat § 431:10-227 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-227 Retroactive annulment of liability policies prohibited.

  §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 agreement between the insurer and the insured after the occurrence of such injury or death for which the insured may be liable. The prohibition on retroactive annulment of liability shall also apply to contracts insuring against damage to the property of any person. Any such annulment or attempted annulment shall be void. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10-228 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-228 Assignment of policies.

  §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 providing the beneficiary may be changed upon the sole request of the insured, may be assigned by either pledge or transfer of title, executed by the insured alone, and delivered to the insurer, regardless of whether the insurer is the pledgee or assignee. Any such assignment shall entitle the insurer to deal with the assignee as the owner or pledgee of the policy in accordance with the terms of the assignment until the insurer has received at its home office written notice of termination of the assignment or pledge, or written notice by or on behalf of some other person claiming some interest in the policy in conflict with the assignment. [L 1987, c 347, pt of §2] Case Notes  Because Hawaii law requires every insurance policy to be subject to the general rules of contract construction, and an assignment by operation of law is merely an extension of the common law tort rule of successor liability, trial court erred in concluding that an assignment by operation of law was consistent with Hawaii's rules governing construction of insurance policies. 117 H. 357, 183 P.3d 734 (2007).  Where insurance policies contained a no assignment clause that required the consent of the insurer to bind it to any assignment made by the named insured, and named insured assignor did not obtain any of the insurers' consent prior to the assignment, assignee was not an insured under any of the insurers' policies and was therefore not owed duties to defend or indemnify by insurers. 117 H. 357, 183 P.3d 734 (2007).
HI Rev Stat § 431:10-229 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-229 Dividends payable to the real party.

  §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) The real party in interest entitled thereto as shown by the insurer's records, or  (2) Any person to whom the right thereto has been assigned in writing of record with the insurer, or  (3) Any person to whom the right thereto has been given in the policy by the real party in interest.  (b) Any person who is shown by the insurer's records to have paid for the person's own account, or to have been ultimately charged for, the premium for insurance provided by a policy in which another person is the nominal insured, shall be deemed the real party in interest proportionate to premium so paid or so charged. This subsection shall not apply as to any such dividend, refund or distribution which would amount to less than $1.  (c) This section shall not apply to contracts of group life insurance, group annuities, or group disability insurance, nor to any policy which contains a provision specifying to whom the dividend shall be paid, nor to policies issued prior to January 1, 1956. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10-230 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-230 Payment discharges insurer.

  §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 accordance with the terms of the policy or the exercise of any right or privilege under the policy, and the insurer makes payments in accordance with the terms of the policy or with a written assignment pursuant to section 431:10-229, the person designated in the policy or by the assignment as being entitled to the proceeds or payments, shall be entitled to receive them and to give full acquittance for such payment. Such payment by the insurer shall fully discharge the insurer from all claims under the policy unless before the payment is made, the insurer has received at its home office written notice, by or on behalf of some other person, that such other person claims to be entitled to such payment or some interest in the policy. [L 1987, c 347, pt of §2; am L 2002, c 155, §46]
HI Rev Stat § 431:10-231 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-231 Exemption of proceeds; accident and health or sickness.

  §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 are supplemental to life insurance or annuity contracts shall be exempt from all liability for any debt of the insured, and from any debt of the beneficiary existing at the time the proceeds are made available for the beneficiary's use. [L 1987, c 347, pt of §2; am L 2002, c 155, §47]
HI Rev Stat § 431:10-232 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-232 Exemption of proceeds; life, endowment and annuity.

  §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 policies and annuity contracts payable to a spouse of the insured, or to a child, parent or other person dependent upon the insured, whether the power to change the beneficiary is reserved to the insured or not, and whether the insured or the insured's estate is a contingent beneficiary or not, shall be exempt from execution, attachment, garnishment, or other process, for the debts or liabilities of the insured incurred subsequent to May 19, 1939, except as to premiums paid in fraud of creditors within the period limited by law for the recovery of such payments.  (b) When the terms of any life or endowment policy or annuity contract require that the proceeds thereof be retained by the insurer upon the death of the insured, or other maturity of the policy or contract, for payment to any beneficiary other than the insured in accordance with a settlement plan selected by the insured, the beneficiary shall have no right or power, nor shall the beneficiary be permitted by any insurer, to commute, encumber, assign, or otherwise anticipate the beneficiary's interests under the plan if the right or power is expressly denied the beneficiary by the terms of the contract or policy. If the beneficiary under the settlement plan is or was the spouse of the insured, or a child, parent or other person dependent upon the insured, the beneficiary's interests thereunder, in any case, shall be exempt from execution, attachment, garnishment, or other process for the beneficiary's debts or liabilities incurred after December 31, 1955.  (c) This section does not apply to group life insurance. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10-233 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-233 Exemption of proceeds; group life.

  §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 liable, either before or after payment, to be applied to any legal or equitable process to pay any liability of any person having a right under the policy. The proceeds of the policy, when not made payable to a named beneficiary or to a third person pursuant to a facility-of-payment clause, shall not constitute a part of the estate of the individual insured for the payment of the insured's debts.  (b) This section shall not apply to group life insurance policies issued under section 431:10D-203 to the extent that the proceeds are applied to payment of the obligation for the purpose of which the insurance was so issued. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10-234 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-234 Spouses' and reciprocal beneficiaries' right in life insurance policy.

  §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 life insurance policy assigned, transferred, or in any way made payable to a spouse or reciprocal beneficiary, or to a trustee for the benefit of a spouse or a reciprocal beneficiary, regardless of how the assignment or transfer is procured, shall, unless contrary to the terms of the policy, inure to the separate use and benefit of such spouse or reciprocal beneficiary.  (b) Without the consent of one's spouse or reciprocal beneficiary, a married person or an individual who is registered as a reciprocal beneficiary, may contract, pay for, take out, and hold a policy on the life or health of one's spouse, reciprocal beneficiary, or children, or against loss by such spouse, or reciprocal beneficiary, or children due to disablement by accident. Premiums paid on the policy by a married person or reciprocal beneficiary shall be held to have been that person's separate estate, and the policy shall inure to the use and benefit of that person and that person's children, free from any claim by the spouse, or reciprocal beneficiary, or others. [L 1987, c 347, pt of §2; am L 1997, c 383, §58]
HI Rev Stat § 431:10-235 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-235 Forms for proof of loss furnished.

  §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 for completion by the person. The insurer shall not, by reason of the requirement to furnish forms, have any responsibility for or with reference to the completion of the proof of loss form or the manner of completion or attempted completion. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10-236 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-236 Claim administration not waiver.

  §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 policy or of any defense of the insurer under the policy:  (1) Acknowledgment of the receipt of notice of loss or claim under the policy.  (2) Furnishing forms for reporting a loss or claim, for giving information relative thereto, for making proof of loss, or receiving or acknowledging receipt of such forms or proof completed or uncompleted.  (3) Investigating any loss or claim under any policy or engaging in negotiations looking toward a possible settlement of any such loss or claim. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10-237 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-237 Construction of policies.

  §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, extended, restricted, or modified by any rider, endorsement or application attached to and made a part of the policy. [L 1987, c 347, pt of §2] Cross References  Insurance policies issued to construction professionals, see §431:1-217. Case Notes  Homeowner's and umbrella policies and exclusions construed as to grandparents' claims based on grandchild's injury; no coverage for claims for loss of society, companionship, etc.; questions of fact existed as to whether claims for emotional distress were covered under the policies. 80 F. Supp. 3d 1116 (2015).  Waiting period exclusion in insurance policy requiring completion of three months of continuous active service for employee to be eligible for benefits was clear and unambiguous since term "employee" must be read and construed according to its meaning as defined in the policy as one employed on a regular full-time permanent basis. 72 H. 531, 827 P.2d 635 (1992).  Because Hawaii law requires every insurance policy to be subject to the general rules of contract construction, and an assignment by operation of law is merely an extension of the common law tort rule of successor liability, trial court erred in concluding that an assignment by operation of law was consistent with Hawaii's rules governing construction of insurance policies. 117 H. 357, 183 P.3d 734 (2007).  Cited: 451 F. Supp. 2d 1147 (2006); 725 F. Supp. 2d 1219 (2010); 877 F. Supp. 2d 993 (2012); 73 H. 385, 834 P.2d 279 (1992); 73 H. 552, 836 P.2d 1074 (1992).
HI Rev Stat § 431:10-238 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-238 Validity of noncomplying forms.

  §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 in compliance with the requirements of this part, but shall be construed and applied in accordance with such conditions and provisions as would have applied had the policy, rider or endorsement been in full compliance with this code. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10-239 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-239 Intervening breach.

  §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 the contract nor avail the insurer to avoid liability, unless the breach exists at the time of loss. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10-240 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-240 Insurance contracts; punitive damages.

  §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 included. [L 1987, c 347, pt of §2] Law Journals and Reviews  Punitive Damages in Hawaii: Curbing Unwarranted Expansion. 13 UH L. Rev. 659 (1991). Case Notes  Commercial general liability policy insurer was not liable for any punitive or exemplary damages awarded against insureds in underlying litigation, where none of the policies at issue provided for punitive or exemplary damages. 190 F. Supp. 3d 1003 (2016).  Cited: 243 F. Supp. 2d 1100 (2003); 877 F. Supp. 2d 993 (2012); 882 F. Supp. 2d 1180 (2012); 955 F. Supp. 2d 1121 (2013).
HI Rev Stat § 431:10-241 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-241 Venue in certain actions.

  §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 insured has its principal place of business provided the insured purchased the policy within the State. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10-243 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-243 Interest upon proceeds of life insurance policies.

  §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 contract is commenced and results in a judgment against the insurer, interest shall be computed under subsection (c) and paid from the date of death of an insured or annuitant in connection with a death claim on a life insurance policy or annuity contract and from the date of maturity of an endowment or annuity contract to the date the verdict is rendered or the report or decision is made.  (b) Except as provided in subsection (d), in the event an action to recover is commenced and a settlement is reached before the verdict is rendered or the report or decision is made, interest on the settlement shall be computed under subsection (c) and paid from the date of death of an insured or annuitant in connection with a death claim on a life insurance policy or annuity contract to the date of payment and from the date of maturity of an endowment or annuity contract to the date of payment.  (c) In the event no action has been commenced, interest upon the principal sum paid to the beneficiary or policyholder shall be computed daily at the rate of interest currently paid by the insurer on proceeds left under the interest settlement option, but the rate of interest shall not be less than six per cent a year computed from the date of death of an insured or annuitant in connection with a death claim on a life insurance policy or annuity contract to the date of payment and from the date of maturity of an endowment or annuity contract to the date of payment, and shall be added to and be a part of the total sum paid.  (d) This section shall not require the payment of interest if, in connection with a death claim on a life insurance policy or annuity contract, the proceeds of the policy or contract is paid within thirty days from the date of death.  (e) This section shall not require the payment of interest for any period during which an insurer is required to pay interest under any state or federal law pertaining to interpleader.  (f) This section shall not apply to policies or contracts issued prior to June 2, 1977, which contain specific provisions to the contrary. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10-244 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-244 Filing procedure for contracts approved by commissioner.

  §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 to be in conformity with this code shall be accompanied by a $20 fee payable to the commissioner, which shall be deposited into the commissioner's education and training fund. [L 1988, c 363, §1; am L 2010, c 116, §1(14)] Cross References  Commissioner's education and training fund, see §431:2-214.
HI Rev Stat § 431:10A-102 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10A-102 Accident and health or sickness insurance policy defined.

  §431:10A-102 Accident and health or sickness insurance policy defined. The term, policy of accident and health or sickness insurance, includes any policy or contract covering the class of insurance described in section 431:1-205. [L 1987, c 347, pt of §2; am L 2002, c 155, §50]
HI Rev Stat § 431:10A-102.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10A-102.5 REPEALED.

  §431:10A-102.5 REPEALED. L 2019, c 70, §31.
HI Rev Stat § 431:10A-103 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10A-103 Family coverage defined.

  §431:10A-103 Family coverage defined. As used in this part, family coverage means a policy that insures, originally or upon subsequent amendment, an adult member of a family who shall be deemed the policyholder and any two or more eligible members of that family, including spouse, dependent children or any children under a specified age which shall not exceed nineteen years, and any other person dependent upon the policyholder. [L 1987, c 347, pt of §2; am L 1993, c 205, §21] Attorney General Opinions  Section 431:10A-601 applied to all parts of article 10A if the category of policy under consideration included family coverage, as defined in this section. Att. Gen. Op. 97-10.
HI Rev Stat § 431:10A-104 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10A-104 Form of policy.

  §431:10A-104 Form of policy. (a) A policy of accident and health or sickness insurance shall neither be delivered nor issued for delivery to any person in this State unless:  (1) The entire monetary and other considerations are expressed in the policy;  (2) The time at which the insurance takes effect and terminates is expressed in or determinable from the policy;  (3) It purports to insure only one person, except that a policy may provide family coverage as defined in section 431:10A-103 or reciprocal beneficiary family coverage as defined in section 431:10A-601;  (4) The style, arrangement, and overall appearance of the policy give no undue prominence to any portion of the text, and unless every printed portion of the text of the policy and of any endorsements or attached papers is plainly printed in light-faced type of a style in general use, the size of which shall be uniform and not less than ten point with a lower case unspaced alphabet length not less than one hundred twenty point. The text shall include all printed matter except the name and address of the insurer, name or title of the policy, a brief description, if any, and captions and subcaptions;  (5) The exceptions and reductions of indemnity are set forth in the policy and, except for the required and optional provisions set forth in sections 431:10A-105 and 431:10A-106, are printed, at the insurer's option, either included with the benefit provision to which they apply, or under an appropriate caption such as exceptions, or exceptions and reductions; provided that if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of the exception or reduction shall be included with the benefit provision to which it applies;  (6) Each policy form, including riders and endorsements, shall be identified by a form number in the lower left-hand corner of the first page; and  (7) It does not contain any provision purporting to make any portion of the charter, rules, constitution, or bylaws of the insurer a part of the policy unless such portion is set forth in full in the policy, except in the case of the incorporation of, or reference to, a statement of rates or classification of risks, or short-rate table filed with the commissioner.  (b) If any policy is issued by an insurer domiciled in this State for delivery to a person residing in a territory, district or another state of the United States, and if the official having responsibility for the administration of the insurance laws of such state, district or territory shall have advised the commissioner that the policy is not subject to approval or disapproval by the official, the commissioner may by ruling require that the policy meet the standards set forth in subsection (a) and in section 431:10A-105 and section 431:10A-106. [L 1987, c 347, pt of §2; am L 1997, c 383, §5; am L 2002, c 155, §51; am L 2004, c 122, §30]
HI Rev Stat § 431:10A-105.3 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10A-105.3 Association health plan policy; compliance with state law.

  §431:10A-105.3 Association health plan policy; compliance with state law. (a) Every association health plan policy issued in this State shall comply with all laws of this State, regardless of the domicile of the association that has issued the policy.  (b) For the purposes of this section, "association health plan policy" means a policy issued by a voluntary association of employers formed in this State or another state that is authorized to issue association health plans under the regulations of the United States Department of Labor. [L 2018, c 199, §1]