reglab/housing_qa huggingface dataset:
HI Rev Stat § 431:15-318 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:15-318 Claims of holders of void or voidable rights.

  §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 be allowed unless the creditor surrenders the preference, lien, conveyance, transfer, assignment or encumbrance. If the avoidance is effected by a proceeding in which a final judgment has been entered, the claim shall not be allowed unless the money is paid or the property is delivered to the liquidator within thirty days from the date of the entering of the final judgment, except that the court having jurisdiction over the liquidation may allow further time if there is an appeal or other continuation of the proceeding.  (b) A claim allowable under subsection (a) by reason of the avoidance, whether voluntary or involuntary, of a preference, lien, conveyance, transfer, assignment, or encumbrance, may be filed as an excused late filing under section 431:15-325 if filed within thirty days from the date of the avoidance, or within the further time allowed by the court under subsection (a). [L 1987, c 347, pt of §2]
HI Rev Stat § 431:15-319 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:15-319 Setoffs and counterclaims.

  §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 set off and the balance only shall be allowed or paid, except as provided in subsection (b) and section 431:15-323.  (b) No setoff or counterclaim shall be allowed in favor of any person where:  (1) The obligation of the insurer to the person would not at the date of the filing of a petition for liquidation entitle the person to share as a claimant in the assets of the insurer;  (2) The obligation of the insurer to the person was purchased by or transferred to the person with a view to its being used as a setoff;  (3) The obligation of the person is to pay an assessment levied against the members or subscribers of the insurer, or is to pay a balance upon a subscription to the capital stock of the insurer, or is in any other way in the nature of a capital contribution; or  (4) The obligation of the person is to pay premiums whether earned or unearned, to the insurer. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:15-320 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:15-320 Assessments.

  §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 insurer issuing assessable policies, the liquidator shall make a report to the court setting forth:  (1) The reasonable value of the assets of the insurer;  (2) The insurer's probable total liabilities;  (3) The probable aggregate amount of the assessment necessary to pay all claims of creditors and expenses in full, including expenses of administration and costs of collecting the assessment; and  (4) A recommendation as to whether or not an assessment should be made and in what amount.  (b)(1) Upon the basis of the report provided in subsection (a), including any supplements and amendments thereto, the circuit court of the first judicial circuit may levy one or more assessments against all members of the insurer who are subject to assessment.  (2) Subject to any applicable legal limits on assessability, the aggregate assessment shall be for the amount that the sum of the probable liabilities, the expenses of administration, and the estimated cost of collection of the assessment, exceeds the value of existing assets, with due regard being given to assessments that cannot be collected economically.  (c) After levy of assessment under subsection (b) the liquidator shall issue an order directing each member who has not paid the assessment pursuant to the order, to show cause why the liquidator should not pursue a judgment therefor.  (d) The liquidator shall give notice of the order to show cause by publication and by first class mail to each member liable thereunder, mailed to each member's last known address as it appears on the insurer's records, at least twenty days before the return day of the order to show cause.  (e)(1) If a member does not appear and serve duly verified objections upon the liquidator on or before the return day of the order to show cause under subsection (c), the court shall make an order adjudging the member liable for the amount of the assessment against the member, pursuant to subsection (c), together with costs, and the liquidator shall have a judgment against the member therefor.  (2) If on or before such return day, the member appears and serves duly verified objections upon the liquidator, the commissioner may hear and determine the matter or may appoint a referee to hear it and make such order as the facts warrant. In the event that the commissioner determines that such objections do not warrant relief from assessment, the member may request the court to review the matter and vacate the order to show cause.  (f) The liquidator may enforce any order or collect any judgment under subsection (e) by any lawful means. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:15-321 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:15-321 Reinsurer's liability.

  §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 reinsurance contract or other agreement. Payment made directly to an insured or other creditor shall not diminish the reinsurer's obligation to the insurer's estate except when the reinsurance contract provided for direct coverage of a named insured and the payment was made in discharge of that obligation. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:15-322 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:15-322 Applicability of claims settlement provisions to loss claims.

  §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 extent that they are subject to article 16 or to corresponding laws of other states. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:15-323 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:15-323 Recovery of premiums owed.

  §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 to pay upon written demand by the liquidator any unpaid collected premium held by the person, whether earned or unearned, as shown on the records of the insurer. A producer, premium finance company, or any other person shall have no obligation to pay an uncollected, unpaid, unearned premium to the liquidator. The liquidator shall also have the right to recover from the person any part of an unearned premium that represents commission actually paid or credited to the person. Credits or setoffs or both shall not be allowed to a producer or premium finance company for any amounts advanced to the insurer by the producer or premium finance company on behalf of, but in the absence of a payment by, the insured. An insured shall be obligated to pay, upon written demand by the liquidator, any unpaid, earned premium due the insurer as shown on the records of the insurer.  (b) The circuit court of the first judicial circuit shall have original but not exclusive jurisdiction of all civil proceedings to hear and determine the rights of any producer, premium finance company, insured, liquidator, or any other person under this section. The circuit court of the first judicial circuit may provide that any and all proceedings arising under this section shall be referred to the judge presiding over the delinquency proceeding of the insurer. In lieu of a separate action for the collection of unpaid premiums, a producer, premium finance company, insured, or any other person who contests their liability for unpaid premiums may voluntarily submit their claim and dispute to the judge presiding over the delinquency proceeding of the insurer for summary disposition.  (c) The commissioner may take administrative action in accordance with applicable law against a producer, premium finance company, or any other person the commissioner believes is in violation of subsection (a) by suspending, revoking, or refusing to renew an insurance license, or by levying a civil penalty in an amount not to exceed $1,000 for each violation.  (d) Any appeal of the commissioner's decision pursuant to subsection (c) shall be made pursuant to chapter 91 to the circuit court of the first judicial circuit. [L 1987, c 347, pt of §2; am L 1993, c 165, §1; am L 2002, c 155, §87; am L 2005, c 132, §6] Case Notes  As proceedings under this section are not in the nature of assumpsit, trial court did not err in denying insurance commissioner attorneys' fees under §607-14 in suit against customer of liquidated mutual benefit society. 99 H. 53, 52 P.3d 823 (2002).  Nothing in the language of §478-3 or this section precluded an award of post-judgment interest to insurance commissioner upon final judgment awarding commissioner the unpaid premiums from customer of liquidated mutual benefit society. 99 H. 53, 52 P.3d 823 (2002).
HI Rev Stat § 431:15-325 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:15-325 Filing of claims.

  §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 for filing specified in the notice required under section 431:15-311, except that proof of claims for cash surrender values or other investment value in life insurance and annuities need not be filed unless the liquidator expressly so requires.  (b) The liquidator may permit a claimant making a late filing to share in distributions, whether past or future, as if the claimant were not late, to the extent that any such payment will not prejudice the orderly administration of the liquidation, under the following circumstances:  (1) The existence of the claim was not known to the claimant and that the claimant filed such claim as promptly as reasonably possible after learning of it;  (2) A transfer to a creditor was avoided under section 431:15-315 through section 431:15-317, or was voluntarily surrendered under section 431:15-318, and that the filing satisfies the conditions of section 431:15-318; and  (3) The valuation under section 431:15-331, of security held by a secured creditor shows a deficiency, which is filed within thirty days after the valuation.  (c) The liquidator shall permit late filing claims to share in distributions, whether past or future, as if they were not late, if such claims are claims of a guaranty fund or association, or foreign guaranty association for reimbursement of covered claims paid or expenses incurred, or both, subsequent to the last day for filing where such payments were made and expenses incurred as provided by law.  (d) The liquidator may consider any claim filed late which is not covered by subsection (b), and permit it to receive distributions which are subsequently declared on any claims of the same or lower priority if the payment does not prejudice the orderly administration of the liquidation. The late filing claimant shall receive, at each distribution, the same percentage of the amount allowed on the claimant's claim as is then being paid to claimants of any lower priority. This shall continue until the claimant's claim has been paid in full.  (e) Claims by guaranty funds or associations, or foreign guaranty funds or associations shall be filed periodically by the funds or associations pursuant to rules adopted by the commissioner. These claims shall share in all subsequently declared distributions as if they were not late. [L 1987, c 347, pt of §2] Case Notes  In a claim filed by former parent company of liquidated life insurer that the company remained the sole shareholder of the insurer following liquidator's alleged failure to validly forfeit the company's surrendered shares, liquidation court did not abuse its discretion in concluding that the claim was time barred because the company waited more than eleven years before notifying liquidator of the company's claim against the insurer's estate. 135 H. 49, 346 P.3d 118 (2015).
HI Rev Stat § 431:15-326 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:15-326 Proof of claim.

  §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 particulars of the claim including the consideration given for it;  (2) The identity and amount of the security on the claim;  (3) The payments made on the debt, if any;  (4) That the sum claimed is justly owing and that there is no setoff, counterclaim, or defense to the claim;  (5) Any right of priority of payment or other specific right asserted by the claimant;  (6) A copy of the written instrument which is the foundation of the claim; and  (7) The name and address of the claimant and the attorney who represents the claimant, if any.  (b) No claim need be considered or allowed if it does not contain all the information in subsection (a) which may be applicable. The liquidator may require that a prescribed form be used, and may require that other information and documents be included.  (c) At any time the liquidator may request the claimant to present information or evidence supplementary to that required under subsection (a) and may take testimony under oath, require production of affidavits or depositions, or otherwise obtain additional information or evidence.  (d) No judgment or order against an insured or the insurer entered after the date of filing of a successful petition for liquidation, and no judgment or order against an insured or the insurer entered at any time by default or by collusion need be considered as evidence of liability or of quantum of damages. No judgment or order against an insured or the insurer entered within four months before the filing of the petition need be considered as evidence of liability or of the quantum of damages.  (e) All claims of a guaranty fund or association or foreign guaranty fund or association shall be in such form and contain such substantiation as may be agreed to by the fund or association and the liquidator. [L 1987, c 347, pt of §2] Case Notes  Although letter written to liquidator by former parent company of liquidated life insurer did not fully comply with the proof of claim elements of this section, the omissions, although not insignificant, were not of a nature to deprive liquidator of an understanding of the critical elements of the company's claim against the insurer's estate, as liquidator was able to identify who submitted the claim, the amount of the claim, and the grounds of the claim. Therefore, the letter sufficiently complied with the proof of claim requirements to permit liquidator to adjudicate the claim. 135 H. 49, 346 P.3d 118 (2015).  The purpose and language of the Insurers Supervision, Rehabilitation and Liquidation Act support a broad interpretation of this section, such that the liquidator's discretionary powers include the acceptance of claims that are in substantial compliance with the proof of claim elements of this section. 135 H. 49, 346 P.3d 118 (2015).
HI Rev Stat § 431:15-327 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:15-327 Special claims.

  §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 as if there were no such contingency.  (b) Any claim that would have become absolute if there had been no termination of coverage under section 431:15-308, and that was not covered by insurance acquired to replace the terminated coverage, shall be allowed as if the coverage had remained in effect, unless at least ten days before the insured event occurred either the claimant had actual notice of the termination or notice was mailed to the claimant as prescribed by section 431:15-311. If allowed, the claim shall share in distributions under section 431:15-332(7).  (c) A claim may be allowed even if it is contingent, if it is filed in accordance with section 431:15-326(b). It may be allowed and may participate in all distributions declared after it is filed, to the extent that it does not prejudice the orderly administration of the liquidation.  (d) Claims that are due except for the passage of time are treated as absolute claims, except that where justice requires the liquidator may discount them at the rate of interest available on United States treasury securities of approximately the same maturity.  (e) A guaranty fund or association, or foreign guaranty association may file a claim with the liquidator for all claims to which the fund or association has been subrogated.  (f) Claims made under employment contracts by directors, principal officers, or persons who, in fact, perform similar functions or have similar powers, are limited to payment for services rendered prior to the issuance of any order of rehabilitation or liquidation under section 431:15-302 or section 431:15-307. [L 1987, c 347, pt of §2; am L 2004, c 122, §70]
HI Rev Stat § 431:15-328 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:15-328 Provisions for third party claims.

  §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 claim with the liquidator.  (b) Whether or not the third party files a claim, the insured may file a claim on its own behalf in the liquidation. If the insured fails to file a claim by the date for filing claims specified in the order of liquidation or within sixty days after mailing of the notice required by section 431:15-311, whichever is later, it is an unexcused late filer.  (c) The liquidator shall make recommendations to the court under section 431:15-332, for the allowance of an insured's claim under subsection (b) after consideration of the probable outcome of any pending action against the insured on which the claim is based, the probable damages recoverable in the action and the probable costs and expenses of defense. After allowance by the court, the liquidator shall withhold any dividends payable on the claim, pending the outcome of litigation and negotiation with the insured. Whenever it seems appropriate, the liquidator shall reconsider the claim on the basis of additional information and amend the liquidator's recommendations to the court. The insured shall be afforded the same notice and opportunity to be heard on all changes in the recommendation as in its initial determination. The court may amend its allowance as it thinks appropriate. As claims against the insured are settled or barred, the insured shall be paid from the amount withheld the same percentage dividend as was paid on other claims of like property, based on the lesser of:  (1) The amount actually recovered from the insured by action or paid by agreement plus the reasonable costs and expenses of defense, or  (2) The amount allowed on the claims by the court. After all claims are settled or barred, any sum remaining from the amount withheld shall revert to the undistributed assets of the insurer. Delay in final payment under this subsection shall not be a reason for unreasonable delay of final distribution and discharge of the liquidator.  (d) If several claims founded upon one policy are filed, whether by third parties or as claims by the insured under this section, and the aggregate allowed amount of the claims to which the same limit of liability in the policy is applicable exceeds that limit, each claim as allowed shall be reduced in the same proportion so that the total equals the policy limit. Claims by the insured shall be evaluated as in subsection (c). If any insured's claim is subsequently reduced under subsection (c), the amount thus freed shall be apportioned ratably among the claims which have been reduced under this subsection.  (e) No claim may be presented under this section if it is covered by any guaranty fund or association, or foreign guaranty association. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:15-329 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:15-329 Disputed claims.

  §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 claimant or the claimant's attorney by first class mail at the address shown in the proof of claim. Within sixty days from the mailing of the notice, the claimant may file any objections with the liquidator. If no such filing is made, the claimant may not further object to the determination.  (b) Whenever objections are filed with the liquidator and the liquidator does not alter the denial of the claim as a result of the objections, the liquidator shall ask the court for a hearing as soon as practicable and give notice of the hearing by first class mail to the claimant or the claimant's attorney and to any other persons directly affected, not less than ten nor more than thirty days before the date of the hearing. The matter may be heard by the court or by a court appointed referee who shall submit findings of fact along with such referee's recommendations. [L 1987, c 347, pt of §2] Case Notes  Liquidation court had personal jurisdiction over former parent company of liquidated life insurer after liquidator filed a motion for an order confirming liquidator's denial of a disputed claim that the company remained the sole shareholder of the insurer following liquidator's alleged failure to validly forfeit the company's surrendered shares. The motion did not initiate a new suit but was instead a continuation of the liquidation proceeding and was properly filed with the liquidation court, whose review of the claim was provided for under the Insurers Supervision, Rehabilitation and Liquidation Act. 135 H. 49, 346 P.3d 118 (2015).  Liquidation court had subject matter jurisdiction over claim by former parent company of liquidated life insurer that the company remained the sole shareholder of the insurer following liquidator's alleged failure to validly forfeit the company's surrendered shares, where: (1) liquidator reviewed and denied the claim asserted in a letter and lawsuit; (2) the company filed objections; and (3) liquidator, after determining not to alter the denial of the claim following the company's objections, properly filed a motion for an order confirming liquidator's determination of a disputed claim. 135 H. 49, 346 P.3d 118 (2015).