reglab/housing_qa huggingface dataset:
HI Rev Stat § 431:10C-301.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-301.5 Covered loss deductible.

  §431:10C-301.5 Covered loss deductible.  Whenever a person effects a recovery for bodily injury, whether by suit, arbitration, or settlement, and it is determined that the person is entitled to recover damages, the judgment, settlement, or award shall be reduced by $5,000 or the amount of personal injury protection benefits incurred, whichever is greater, up to the maximum limit. The covered loss deductible shall not include benefits paid or incurred under any optional additional coverage, benefits paid under any public assistance program, or benefits paid or incurred under chapter 386. [L 1997, c 251, pt of §2; am L 1998, c 275, §17; am L 2004, c 174, §2; am L 2012, c 32, §1] Case Notes  The covered loss deductible provision of this section applied to the insureds' recovery of bodily injury damages under their uninsured motorist coverage with insurer. 103 H. 142, 80 P.3d 321 (2003).  Where defendant failed to (1) raise the covered loss deductible statute during the arbitration proceedings, (2) apply to the arbitration administrator or the arbitration judge to reduce the awards, or (3) file a notice of appeal and request a trial de novo, pursuant to Hawaii Arbitration Rules rule 21, the arbitration awards were entered as unappealable final judgments, which the trial court was precluded from modifying or vacating. 105 H. 93, 94 P.3d 648 (2004).  Applying the covered loss deductible under this section to plaintiff's recovery of underinsured motorist benefits did not violate plaintiff's constitutional right to substantive due process as the legislature's policy determination to enact this section to reduce one of the costs of the motor vehicle insurance system was expressly within the constitutional purview of the legislature. 106 H. 511, 107 P.3d 440 (2005).  The covered loss deductible applies to underinsured motorist coverage. 106 H. 511, 107 P.3d 440 (2005).  This section mandates that the "award shall be reduced by the amount of personal injury protection (PIP) benefits"; as this section does not state that the award should be reduced after apportionment by the amount of PIP benefits, the covered loss deductible is to be deducted from the "total damages" awarded by the trier of fact prior to apportionment of the damages; thus, circuit court erred when it subtracted the covered loss deductible from the jury's damage award after apportioning the damages. 124 H. 236 (App.), 240 P.3d 899 (2010).
HI Rev Stat § 431:10C-302.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-302.5 Managed care option.

  §431:10C-302.5 Managed care option. (a) An insurer may offer, and provide at the option of the named insured, the personal injury protection benefits through managed care providers such as a health maintenance organization or preferred provider organization. The option may include conditions and limitations to coverage, including deductibles and coinsurance requirements, as approved by the commissioner. The commissioner shall approve those conditions and limitations if the benefits are substantially comparable to or exceed the requirements of section 431:10C-103.5.  (b) An insurer offering the coverages authorized under subsection (a) shall demonstrate in rate filings submitted to the commissioner the savings to the insured to be realized under subsection (a). [L 1997, c 251, pt of §2; am L 1998, c 275, §19]
HI Rev Stat § 431:10C-303 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-303 Right to personal injury protection benefits.

  §431:10C-303 Right to personal injury protection benefits. (a) If the accident causing accidental harm occurs in this State, every person insured under this article, and such person's survivors, suffering loss from accidental harm arising out of the operation, maintenance, or use of a motor vehicle, has a right to personal injury protection benefits.  (b) If the accident causing accidental harm occurs outside this State, the following persons and their survivors suffering loss from accidental harm arising out of the operation, maintenance, or use of a motor vehicle, have a right to personal injury protection benefits as defined in section 431:10C-103.5(a):  (1) Insureds as defined in section 431:10C-103; and  (2) The driver and other occupants of an insured vehicle, other than a vehicle which is regularly used in the course of the business of transporting persons or property and which is one of five or more vehicles under common ownership. [L 1987, c 347, pt of §2; am L 1997, c 251, §40] Case Notes  Injury and subsequent death of automobile passenger shot by person who walked up to stopped vehicle did not arise out of use of motor vehicle. 776 F. Supp. 1432 (1991).  Right to no-fault benefits is not absolute. 73 H. 552, 836 P.2d 1074 (1992).  As motorcycles are excluded from the definition of "motor vehicle" under §431:10C-103, appellant's accident with a motorcycle was not a "motor vehicle accident" under the definition set forth in §431:10C-103; appellant was thus not entitled to no-fault benefits under subsection (a) (1993). 91 H. 299 (App.), 983 P.2d 200 (1999).
HI Rev Stat § 431:10C-305.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-305.5 Right to reimbursement of deductible paid; when.

  §431:10C-305.5 Right to reimbursement of deductible paid; when. If an insured is involved in an accident with an uninsured motorist and the insured paid a deductible amount for damages incurred in that accident, and if the insurer recovers any money from the uninsured motorist, the insurer shall reimburse the insured, provided that:  (1) The amount recovered shall be divided equally between the insured and the insurer;  (2) The amount of the insured's reimbursement shall not exceed the deductible paid; and  (3) If the amount of damages exceeds $2,500, the insurer shall:  (A) Pay the full amount of the deductible to the insured; or  (B) Initiate proceedings against the uninsured motorist to recover damages. [L 1988, c 21, §1]
HI Rev Stat § 431:10C-307 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-307 Reimbursement of duplicate benefits.

  §431:10C-307 Reimbursement of duplicate benefits. Whenever any person effects a tort liability recovery for accidental harm, whether by suit or settlement, which duplicates personal injury protection benefits already paid under the provisions of this article, the motor vehicle insurer shall be reimbursed fifty per cent of the personal injury protection benefits paid to or on behalf of the person receiving the duplicate benefits up to the maximum limit. [L 1987, c 347, pt of §2; am L 1989, c 83, §1; am L 1997, c 251, §44; am L 1998, c 275, §24] Case Notes  Cited: 73 H. 403, 833 P.2d 890 (1992).  Discussed: 76 H. 304, 875 P.2d 921 (1994).
HI Rev Stat § 431:10C-307.7 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-307.7 REPEALED.

  §431:10C-307.7 REPEALED. L 2009, c 149, §10. Cross References  Insurance fraud, see § §431:2-401 to 431:2-410.
HI Rev Stat § 431:10C-307.8 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-307.8 REPEALED.

  §431:10C-307.8 REPEALED. L 2009, c 149, §11.
HI Rev Stat § 431:10C-308 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-308 REPEALED.

  §431:10C-308 REPEALED. L 1997, c 251, §58.
HI Rev Stat § 431:10C-308.6 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-308.6 REPEALED.

  §431:10C-308.6 REPEALED. L 1997, c 251, §59.
HI Rev Stat § 431:10C-309 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-309 Total loss motor vehicle claims.

 §431:10C-309 Total loss motor vehicle claims. When a motor vehicle insurance policy provides for the adjustment and settlement of an insured's motor vehicle's total losses on the basis of actual cash value or replacement, the insurer shall follow either the replacement method set forth in section 431:10C-310 or the cash settlement method set forth in section 431:10C-311. [L 1987, c 347, pt of §2; am L 1997, c 251, §47]
HI Rev Stat § 431:10C-310 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-310 Total loss motor vehicle claims: replacement.

  §431:10C-310 Total loss motor vehicle claims: replacement. When an insurer elects under section 431:10C-309 to offer the insured a replacement vehicle as defined in section 431:10C-103, the insurer shall comply with the following requirements:  (1) The claim file, which is maintained by the insurer, shall contain a description of the replacement vehicle, including the vehicle identification number and a schedule of options;  (2) Replacement vehicles of the current model plus the three previous model years shall be purchased through motor vehicle dealers licensed under chapter 437. This requirement may be waived in writing by the insured. The signed waiver shall be maintained in the insurer's claim file;  (3) If the insurer offers a replacement vehicle to the insured and the insured rejects the offer and elects a cash settlement instead of the replacement vehicle, the insurer need pay only the amount it would have otherwise paid on the replacement vehicle. Evidence of the insured's rejection shall be apparent in the file; and  (4) If the insurer offers a replacement vehicle to the insured and the insured rejects the offer and wants another vehicle substantially similar in value, the insurer need pay only the amount it would have otherwise paid on the replacement vehicle. The insurer shall maintain in the claim file the insured's written waiver that the acceptance of another vehicle is of the insured's own free will and choice. [L 1987, c 347, pt of §2; am L 1997, c 251, §48]
HI Rev Stat § 431:10C-312 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-312 Payment of excise tax and certificate of ownership fee.

  §431:10C-312 Payment of excise tax and certificate of ownership fee. (a) When a replacement vehicle is provided under section 431:10C-310 or section 431:10C-311, the insurer shall pay the applicable general excise tax and ownership fee as follows:  (1) If a cash settlement is provided, and if within thirty days of the receipt of the settlement by the insured, the insured has purchased a vehicle, the insurer shall reimburse the insured for the applicable general excise tax and certificate of ownership fee incurred on account of the purchase of the vehicle, but not exceeding the amount payable on account of the value of the total loss vehicle.  (2) If the insured purchases a vehicle with a market value less than the amount of the settlement, then the insurer shall reimburse only the amount of the applicable general excise tax and certificate of ownership fee incurred by the insured.  (b) If the insured cannot substantiate the purchase and the payment of the taxes and fee, by submission to the insurer of appropriate documentation within thirty-three days after the receipt of settlement, the insurer shall not be required to reimburse the insured for the taxes or fee.  (c) In lieu of the reimbursement procedure set out in subsection (a), the insurer may directly pay the required amounts of general excise taxes and certificate of ownership fee to the insured at the time of settlement.  (d) Written notice of the payment procedure outlined in this section shall be communicated to the insured at the time of settlement, together with any form required by the insurer for applying for the reimbursement. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10C-313 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-313 Insurer practices regarding loss of use, storage and towing, and betterment.

  §431:10C-313 Insurer practices regarding loss of use, storage and towing, and betterment. (a) In motor vehicle property damage liability claims in which liability is reasonably clear, the insurer shall pay for the reasonable and necessary costs, in direct proportion to the extent of its liability, incurred in the rental of another motor vehicle as long as the loss of use claim is submitted and substantiated.  (b)(1) The insurer shall provide reasonable notice to an insured prior to termination of payment for motor vehicle storage charges and document the notice in the claim file. Sufficient notice to the insured to allow the insured to remove the vehicle from storage prior to the termination of payment shall constitute reasonable notice.  (2) The insurer shall pay any and all reasonable towing charges, irrespective of the towing company used by the insured, unless the insurer has provided the insured with the name of a specific towing company prior to the insured's use of another towing company. Any determination of reasonable towing charges shall consider policy coverage as well as the cost and distances involved in each claim.  (3) An insurer shall make no advance charge deductions for storage and towing charges unless excessive charges have resulted from the insured's own actions. The insurer shall itemize each advance charge deduction and maintain in its claim file documentation of the reasons and dollar amounts involved in each deduction.  (c) Betterment deductions are allowable only if the deductions:  (1) Reflect a measurable decrease in market value attributable to the poorer condition of, or prior damage to, the insured vehicle;  (2) Are for prior wear and tear, missing parts and rust damage that is reflective of the general overall condition of the vehicle considering its age; provided that any deductions for this type of damage shall not exceed $500; and  (3) Are measurable, itemized, specified as to dollar amount, and documented in the insurer's claim file.  (d) No insurer shall require the insured or claimant to supply parts for replacement. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10C-313.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-313.5 Preferred repair provider. An insurer may have a preferred repair provider program. All insurers having such a program shall: (1) Make appropriate rate filings with the insurance commissioner to reflect the reduced premiums; and (2) Offer a choice of no less than two preferred repair providers to the claimant, if available. [L 1997, c 251, pt of §2]

  §431:10C-313.5 Preferred repair provider. An insurer may have a preferred repair provider program. All insurers having such a program shall:  (1) Make appropriate rate filings with the insurance commissioner to reflect the reduced premiums; and  (2) Offer a choice of no less than two preferred repair providers to the claimant, if available. [L 1997, c 251, pt of §2]
HI Rev Stat § 431:10C-313.6 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-313.6 Original equipment manufacturer's and like kind and quality parts. (a) An insurer shall make available a choice to the insured of authorizing a repair provider to utilize a like kind and quality part of an equal or better quality than the original equipment manufacturer part if such part is available or an original equipment manufacturer part for motor vehicle body repair work. If the insured or claimant chooses the use of an original equipment manufacturer part, the insured or claimant shall pay the additional cost of the original equipment manufacturer part that is in excess of the equivalent like kind and quality part, unless original equipment parts are required by the vehicle manufacturer's warranty. (b) A like kind and quality part under subsection (a), of an equal or better quality than the original equipment manufacturer part, shall carry a guarantee in writing for the quality of the like kind and quality part for not less than ninety days or for the same guarantee period as the original equipment manufacturer part, whichever is longer. The guarantee shall be provided by the insurer. (c) Like kind and quality parts, certified or approved by governmental or industry organizations, shall be utilized if available. [L 1997, c 251, pt of §2]

  §431:10C-313.6 Original equipment manufacturer's and like kind and quality parts. (a) An insurer shall make available a choice to the insured of authorizing a repair provider to utilize a like kind and quality part of an equal or better quality than the original equipment manufacturer part if such part is available or an original equipment manufacturer part for motor vehicle body repair work. If the insured or claimant chooses the use of an original equipment manufacturer part, the insured or claimant shall pay the additional cost of the original equipment manufacturer part that is in excess of the equivalent like kind and quality part, unless original equipment parts are required by the vehicle manufacturer's warranty.  (b) A like kind and quality part under subsection (a), of an equal or better quality than the original equipment manufacturer part, shall carry a guarantee in writing for the quality of the like kind and quality part for not less than ninety days or for the same guarantee period as the original equipment manufacturer part, whichever is longer. The guarantee shall be provided by the insurer.  (c) Like kind and quality parts, certified or approved by governmental or industry organizations, shall be utilized if available. [L 1997, c 251, pt of §2]
HI Rev Stat § 431:10C-314 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-314 Jurisdiction.

  §431:10C-314 Jurisdiction. Any person may bring suit for breach of any contractual obligation assumed by an insurer under a policy of insurance containing such mandatory or optional provisions in any state court of competent jurisdiction. [L 1987, c 347, pt of §2] Case Notes  The first party to choose a forum for resolution of no-fault dispute binds the other party to that forum unless the circuit court finds that the parties have entered into a mandatory and binding arbitration agreement. 86 H. 59, 947 P.2d 371 (1997).
HI Rev Stat § 431:10G-301 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10G-301 Required motorcycle and motor scooter policy coverage.

  §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 or any operator of the insured motorcycle or motor scooter, sums that the owner or any operator may legally be obligated to pay for injury, death, or damage to the property of others, except property owned by, being transported by, or in charge of the insured that arise out of the ownership, operation, maintenance, or use of the motorcycle or motor scooter:  (1) Liability coverage of not less than $20,000 per person, with an aggregate limit of $40,000 per accident, for all damages arising out of accidental harm sustained as a result of any one accident; and  (2) Liability coverage of not less than $10,000 for all damages arising out of injury to or destruction of property, including motorcycles or motor scooters and including the loss of use thereof, but not including property owned by, being transported by, or in the charge of the insured, as a result of any one accident.  (b) At the option of the owner, each insurer shall:  (1) Offer medical payment coverage up to $10,000 to pay all reasonable expenses incurred within one year from the date of accident for necessary medical, surgical, dental, ambulance, hospital, professional, and nursing services;  (2) Offer an income disability plan; and  (3) Offer liability coverage in excess of the minimum coverages required by this section.  (c) Any operator or passenger of a motorcycle or motor scooter as defined in section 286-2 who receives injuries or dies in a motor vehicle accident may not claim personal injury protection benefits under a motor vehicle insurance policy, unless expressly provided for in the motor vehicle policy. [L 1989, c 208, pt of §1; am L 1994, c 128, §5; am L 1998, c 275, §34]
HI Rev Stat § 431:10C-401 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-401 Participation.

  §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, except those insurers writing motor vehicle insurance exclusively under section 431:10C-106.  (b) Each insurer shall be a member of the plan and shall maintain membership as a condition of its licensure to transact such insurance in this State. [L 1987, c 347, pt of §2; am L 1989, c 195, §36] Case Notes  Petitioner, who was assigned by the state insurance joint underwriting program bureau to respondent under the assigned claim procedure, was owed a duty of good faith by respondent given that: (1) under the assigned claims procedure, respondent owed the same rights and obligations to petitioner as respondent would owe to an insured to whom respondent had issued a motor vehicle mandatory public liability and property insurance policy; and (2) respondent's good faith covenant implied in motor vehicle policies applied to claimants under the assigned claim procedure irrespective of the absence of a written insurance policy. 129 H. 478, 304 P.3d 619 (2013).
HI Rev Stat § 431:10C-402 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-402 Bureau.

  §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 all assigned claims and all applications for joint underwriting plan coverage.  (b) The commissioner shall adopt regulations for the operation of the bureau, the assignment of applications for joint underwriting plan coverage and assigned claims, and the inspection, supervision and maintenance of this service on a fair and equitable basis in accordance with this article. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10C-403 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-403 Bureau's duties.

  §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 the claim or application. Claims and applications shall be assigned so as to minimize inconvenience to claimants and applicants. The assignee, thereafter, has rights and obligations as if it had issued motor vehicle mandatory public liability and property damage policies complying with this article applicable to the accidental harm or other damage, or, in the case of financial inability of a motor vehicle insurer or self-insurer to perform its obligations, as if the assignee had written the applicable motor vehicle insurance policy, undertaken the self-insurance, or lawfully obligated itself to pay motor vehicle insurance benefits. [L 1987, c 347, pt of §2; am L 1997, c 251, §50; am L 1998, c 275, §29] Case Notes  Petitioner, who was assigned by the state insurance joint underwriting program bureau to respondent under the assigned claim procedure, was owed a duty of good faith by respondent given that: (1) under the assigned claims procedure, respondent owed the same rights and obligations to petitioner as respondent would owe to an insured to whom respondent had issued a motor vehicle mandatory public liability and property insurance policy; and (2) respondent's good faith covenant implied in motor vehicle policies applied to claimants under the assigned claim procedure irrespective of the absence of a written insurance policy. 129 H. 478, 304 P.3d 619 (2013).