reglab/housing_qa huggingface dataset:
HI Rev Stat § 431:10C-404 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-404 Allocation of costs.

  §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 provided in section 431:10C-215, and claims paid, other than assigned claims as provided in section 431:10C-408(d), shall be allocated fairly and equitably among the plan members. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10C-405 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-405 Board of governors.

  §431:10C-405 Board of governors. (a) The commissioner shall establish a board of governors within the bureau to provide expertise and consultation on all matters pertaining to the operation of the bureau and the joint underwriting plan. The commissioner shall appoint members to the board, which shall be composed of:  (1) Four persons from, and members or representatives of, nationally organized insurers or their domestic insurer affiliates;  (2) One person to represent insurance producers; and  (3) Two members selected by the commissioner or nominated by each of the classifications provided for in section 431:10C-407(b).  (b) The commissioner shall provide, after consultation with the board, in the budget of the bureau, funds sufficient to reimburse each member of the board for the actual costs of transportation, overnight housing, food, and other incidental costs of attending to the business and meetings of the board. Otherwise, the members shall serve without compensation.  (c) The board shall elect its chairperson and vice chairperson annually. The first meeting of the board shall be convened by the commissioner within sixty days of the effective date of this article. Thereafter, the board shall meet at its discretion but not less frequently than quarterly. [L 1987, c 347, pt of §2; gen ch 1993; am L 2003, c 212, §85; am L 2021, c 110, §12]
HI Rev Stat § 431:10C-406 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-406 Regulations, review, and appellate procedure.

  §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 chapter 91.  (b) Any final ruling or disposition by the bureau, or by any assigned insurer or by a self-insurer, shall be appealed to the commissioner. Administrative review, and the regulations promulgated therefor by the commissioner, shall conform to chapter 91.  (c) Judicial review shall be available to any person aggrieved as provided in chapter 91.  (d) The provisions of all other parts of this article apply to the joint underwriting plan, whether direct reference is made or not, unless in conflict with the provisions of this part. [L 1987, c 347, pt of §2; am L 1998, c 275, §30]
HI Rev Stat § 431:10C-409 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-409 Establishment and criteria.

  §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 forms for use in the provision of all motor vehicle insurance issued under the joint underwriting plan, in accordance with the following provisions:  (1) Rates shall not be excessive, inadequate or unfairly discriminatory.  (2) Consideration shall be given to the following:  (A) The plan's past and prospective loss experience within the State;  (B) Contingencies in the administration of motor vehicle insurance sold;  (C) Past and prospective expenses in the sale and administration of motor vehicle insurance;  (D) Income from investments of premiums and other proceeds received on account of joint underwriting plan motor vehicle insurance sold; and  (E) All other factors demonstrated to be relevant by a current actuarially sound study of the definable risks involved.  (3) The commissioner may:  (A) Establish rating territories and group risks by classifications for the establishing of rates and minimum premiums;  (B) Provide for, by regulation, a uniform classification of risks and rating territories for the various coverages;  (C) Modify classification rates to produce rates in accordance with rating plans which establish standards for measuring variations in hazards or expense provisions, or both. Such standards may measure any differences among risks including vehicles, occupations, past traffic convictions, and involvement in past accidents, provided they are established to have a demonstrable effect upon losses or expense; and  (D) Ensure that no standard or rating plan shall be based, in whole or in part, directly or indirectly, upon a person's race, creed, ethnic extraction, age, sex, length of driving experience, credit bureau rating, marital status, or physical handicap. [L 1987, c 347, pt of §2; am L Sp 1993, c 4, §8]
HI Rev Stat § 431:10C-410 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-410 Schedules.

  §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 criteria in paragraph (3), so that the total premium income, from all plan motor vehicle insurance, when combined with the investment income, shall annually fund the costs of all joint underwriting plan classes, the joint underwriting assigned claims plan, and the administration of the plans;  (2) Prior to setting rates in accordance with paragraph (1), hold a public hearing on the proposed rates to afford all interested persons an opportunity to be heard. Notice shall be published and the hearing shall be held in accordance with chapter 91;  (3) Establish rates for the following classes within the following restrictions:  (A) For the licensed public assistance driver, as defined in section 431:10C-407(b)(2)(A), or the licensed foster care driver, as defined in section 431:10C-407(b)(2)(C), no premium shall be assessed for the mandatory minimum personal injury protection, bodily injury, or property damage coverages; and all policies shall conform to section 431:10C-407(b)(2); and  (B) For the licensed physically handicapped driver, including drivers with any auditory limitation, defined in section 431:10C-407, no rate shall be set higher than that assessed a comparable driver without limitation, except that a higher rate may be surcharged under any applicable standard conforming with section 431:10C-409(3); and  (4) Set various systems and schedules of rates based upon the risks involved, the experience with various exposures, uses, and drivers, and may include the establishment of surcharges for specific risks, drivers, and uses for each of the enumerated classes except the classes limited under paragraph (3). [L 1987, c 347, pt of §2; am L 1997, c 251, §53; am L 1998, c 275, §33; am L 2006, c 289, §5]
HI Rev Stat § 431:10C-411 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-411 Optional additional coverages.

  §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, c 347, pt of §2]
HI Rev Stat § 431:10C-412 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-412 Adjustment and refund

  §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  (2) Order a refund to any class. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10C-601 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-601 Agreement.

  §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 the applicant shall:  (1) Permit the commissioner or an authorized representative to inspect and copy records and provide them copies of records pertaining to the self-insurer's financial condition, processing and payment of claims, and any other matters pertinent to the administration and enforcement of this article; and  (2) Provide all mandatory benefits required under this article and comply with all requirements of articles 10C and 13, and with the rules and directives of the commissioner, including, but not limited to, those relating to processing and payment of assessments and fees. [L 2000, c 24, pt of §3]
HI Rev Stat § 431:10C-602 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-602 Surety bond or deposit of security; proof of financial ability.

  §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 the State, conditioned for the payment of benefits and amounts as would be payable if the applicant were insured under a motor vehicle insurance policy as prescribed in this article. The bond shall be in the form and penal sum acceptable to the commissioner, but in no event shall be less than $300,000, and shall provide that the bond may not be canceled or otherwise terminated until two years have elapsed from the last day the applicant was self-insured, unless the commissioner has given prior written consent. It shall be undertaken and may be enforced in the name of "Commissioner of Insurance, State of Hawaii". The surety company may not cancel the bond for the period of certification; or   (B) Deposit with the commissioner cash or those securities as may be legally purchased for investment by insurance companies under this chapter and evidence satisfactory to the commissioner that there are no unsatisfied judgments against the applicant. As used herein, "cash" includes an irrevocable letter of credit issued by a federally insured financial institution whose principal office is located in this State. Prior to the issuance of a certificate of self-insurance the securities and cash, if appropriate, shall be registered in the name of the "Commissioner of Insurance, State of Hawaii". The deposit shall be held to satisfy claims for personal injury protection benefits and liability coverage as prescribed in this article. The commissioner shall deposit the cash or securities with the director of finance. The applicant shall execute an agreement satisfactory in form to the commissioner with respect to the deposit. The cash or market value of the securities deposited shall be in an amount determined by the commissioner to afford security substantially equivalent to that afforded under a motor vehicle insurance policy, but in no event less than $300,000 and shall provide that the cash or securities shall not be withdrawn until two years have elapsed from the last day the applicant was self-insured, unless the commissioner has given prior written consent; and  (2) Furnish the commissioner satisfactory proof of the applicant's solvency and financial ability to timely pay benefits and amounts as would be payable if the applicant were insured under this article. The commissioner shall consider the assets, liabilities, profit, loss records, and liquidity of the applicant, the number of vehicles involved, the exposure, and other factors appropriate to determining whether the applicant qualifies as a self-insurer. [L 2000, c 24, pt of §3; am L 2004, c 122, §42]
HI Rev Stat § 431:10C-603 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-603 Proof of ability to process and pay claims promptly.

  §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 a complete claims service to process and promptly pay claims in accordance with this article and article 13. During the period that the applicant is self-insured, the applicant shall immediately refer all claims to the adjuster for processing. From time to time, the commissioner may require a self-insurer to show that the self-insurer is continuing to maintain an effective claims service. [L 2000, c 24, pt of §3]
HI Rev Stat § 431:10C-604 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-604 Issuance of certificate of self-insurance.

  §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 a self-insurer affording security substantially equivalent to that afforded under a motor vehicle insurance policy; and  (2) The commissioner is satisfied that in case of injury, death, or property damage, any claimant would have the same rights against the self-insurer as the claimant would have had if a motor vehicle insurance policy was applicable. [L 2000, c 24, pt of §3]
HI Rev Stat § 431:10C-605 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-605 Duty to notify commissioner.

  §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, sale, removal from the State, or any additional motor vehicle which the self-insurer desires to self-insure within ten working days after the change is effected. [L 2000, c 24, pt of §3]
HI Rev Stat § 431:10C-606 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-606 Duration of certification.

  §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, c 24, pt of §3]
HI Rev Stat § 431:10C-607 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-607 Revocation of certificate of self-insurance.

  §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 accordance with chapter 91. Failure to comply with this article, rules, orders, or directives of the commissioner, or to pay any lawful fee or assessment is cause for revocation. Upon a revocation, the owner of any self-insured motor vehicle shall not operate or permit operation of the vehicle in the State until the owner has obtained insurance or has received a new certificate of self-insurance from the commissioner. [L 2000, c 24, pt of §3]
HI Rev Stat § 431:10C-608 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-608 Termination of self-insurer status and withdrawal of security deposit.

  §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 vehicle insurance policy for any formerly self-insured motor vehicle or shows that the person does not own any motor vehicle, may apply to the commissioner for the return of the person's security deposit or cancellation of the surety bond.  (b) After a lapse of twenty-four months from termination or revocation of self-insurer status and proof satisfactory to the commissioner that all claims have been fully adjudicated and paid, that all allotments and assessments have been paid, and that the owner has complied with the applicable provisions of this article, rules, orders, and directives of the commissioner, and provisions of the self-insurer's agreement, the commissioner may release the securities deposited or permit the cancellation of the bond. [L 2000, c 24, pt of §3]
HI Rev Stat § 431:10C-701 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-701 Definitions.

Note "Part repealed September 1, 2021. L 2016, c 236, §6", as shown in the main volume, is superseded by "Part repealed September 1, 2023. L 2016, c 236, §6; L 2021, c 132, §2". "Annual study and report to 2017-2021 legislature by insurance commissioner on impact of L 2016, c 236 on personal motor vehicle insurance policy rates in the State (repealed September 1, 2021). L 2016, c 236, § §3, 6", as shown in the main volume, is superseded by "Annual study and report to 2017-2021 legislature by insurance commissioner on impact of L 2016, c 236 on personal motor vehicle insurance policy rates in the State (repealed September 1, 2023). L 2016, c 236, § §3, 6; L 2021, c 132, §2. Law Journals and Reviews  Regulating Ridesharing Platforms Through Tort Law. 39 UH L. Rev. 357 (2017).   §431:10C-701 Definitions. [See Note at part heading.] As used in this part:  "Personal vehicle" means a vehicle that is:  (1) Used by a transportation network company driver to provide a prearranged ride;  (2) Owned, leased, or otherwise authorized for use by the transportation network company driver; and  (3) Not a taxicab, limousine, or other for-hire vehicle.  "Prearranged ride" means the provision of transportation by a transportation network company driver to a passenger, beginning when a transportation network company driver accepts a passenger's request for a ride through a digital network or software application service controlled by a transportation network company, continuing while the transportation network company driver transports the requesting passenger, and ending when the requesting passenger, or the last passenger from the requesting passenger's party, departs from the personal vehicle. A prearranged ride shall not include transportation provided through a ridesharing arrangement, as defined in section 279G-1; use of a taxicab, limousine, or other for-hire vehicle; or a regional transportation provider.  "Transportation network company" means an entity that uses a digital network or software application service to connect passengers to transportation network company drivers; provided that the entity:  (1) Does not own, control, operate, or manage the personal vehicles used by transportation network company drivers; and  (2) Is not a taxicab association or a for-hire vehicle owner.  "Transportation network company driver" means an individual who operates a personal vehicle used to transport a passenger between points chosen by the passenger and prearranged through a transportation network company and that is:  (1) Owned, leased, or otherwise authorized for use by the individual;  (2) Not a taxicab or for-hire vehicle; and  (3) Used to provide prearranged rides to passengers. [L 2016, c 236, pt of §2]
HI Rev Stat § 431:10C-702 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-702 Relation to other laws.

  §431:10C-702 Relation to other laws. [See Note at part heading.] Solely for the purposes of this article, neither a transportation network company nor a transportation network company driver shall be deemed to be a common carrier by motor vehicle, a contract carrier by motor vehicle, a motor carrier as defined in section 271-4, a taxicab, or a for-hire vehicle service. [L 2016, c 236, pt of §2]
HI Rev Stat § 431:10C-704 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-704 Records.

  §431:10C-704 Records. [See Note at part heading.] (a) A transportation network company shall maintain:  (1) Global positioning system records and electronic records for each period while a transportation network company driver is logged onto the transportation network company's digital network or software application service or is engaged in a prearranged ride for at least five years from the date each prearranged ride was provided; and  (2) Transportation network company driver records at least until the five-year anniversary of the date on which a transportation network company driver's activation on the transportation network company digital network or software application service has ended.  (b) Records maintained under this section shall be made readily available for purposes of an accident investigation pursuant to section 431:10C-703(k) or resolving any other dispute related to transportation network company drivers while they are logged onto the transportation network company's digital network or software application service or while they are engaged in a prearranged ride, no later than ten days after receipt of a written request for such record. [L 2016, c 236, pt of §2]
HI Rev Stat § 431:10C-705 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-705 Disclaimers, waiver of liability, and indemnity agreements invalid.

  §431:10C-705 Disclaimers, waiver of liability, and indemnity agreements invalid. [See Note at part heading.] None of the following agreements between a transportation network company or transportation network company driver and a passenger shall be valid or enforceable in this State:  (1) A disclaimer of liability of a transportation network company or transportation network company driver;  (2) A waiver, before the occurrence of an accident, of any claim or right to file a lawsuit by a passenger against a transportation network company or transportation network company driver; or  (3) An agreement by the passenger to defend, indemnify, or hold harmless a transportation network company or transportation network company driver. [L 2016, c 236, pt of §2]
HI Rev Stat § 431:10D-101 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10D-101 Scope.

Cross References Civil relief for state military forces, see chapter 657D. Risk-based capital for insurers, see § §431:3-401 to 431:3-414. PART I. INDIVIDUAL LIFE INSURANCE, ANNUITIES AND PURE ENDOWMENT CONTRACTS   §431:10D-101 Scope. This part applies to contracts of life insurance and annuities other than group life insurance, group annuities and except as provided in section 431:10D-302, other than industrial life insurance. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10D-106 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10D-106 Reversionary annuities; standard provisions required.

  §431:10D-106 Reversionary annuities; standard provisions required. (a) No contract for a reversionary annuity shall be delivered or issued for delivery in this State unless it contains in substance the following:  (1) Provisions specified in subsection (a)(1) to (5) of section 431:10D-105, except that under subsection (a)(1) of section 431:10D-105 the insurer may at its option provide for an equitable reduction of the amount of the annuity payments in settlement of an overdue or deferred payment in lieu of providing for a deduction of such payments from an amount payable upon a settlement under the contract.  (2) Provision that the contract may be reinstated at any time within three years from the date of default in making stipulated payments to the insurer, upon production of evidence of insurability satisfactory to the insurer, and upon condition that all overdue payments and any indebtedness to the insurer on account of the contract be paid, or, within the limits permitted by the then cash values of the contract, reinstated, with interest as to both payments and indebtedness at a rate to be specified in the contract but not exceeding six per cent a year compounded annually.  (b) Any of the provisions not applicable to single premium annuities shall not, to that extent, be incorporated therein.  (c) This section shall not apply to annuities included in life insurance policies. [L 1987, c 347, pt of §2]