reglab/housing_qa huggingface dataset:
HI Rev Stat § 431:10-209 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-209 Warranties, misrepresentations in applications.

  §431:10-209 Warranties, misrepresentations in applications. All statements or descriptions in any application for an insurance policy or in negotiations therefor, by or on behalf of the insured, shall be deemed to be representations and not warranties. A misrepresentation shall not prevent a recovery on the policy unless made with actual intent to deceive or unless it materially affects either the acceptance of the risk or the hazard assumed by the insurer. [L 1987, c 347, pt of §2] Case Notes  A misrepresentation need only relate to the insurer's decision to insure the risk. 26 F.3d 957 (1994).  Insured's failure to disclose prior prescription drug abuse, prior psychiatric treatments and previous claim for disability benefits were material for purposes of insurer's policy rescission action. 26 F.3d 957 (1994).  Where plaintiffs contended that their breach of marine insurance policy's captain warranty qualified as a "misrepresentation" within the meaning of this section, this provision applied only to statements or descriptions in an application for an insurance policy or in negotiations therefor. 281 F.3d 803 (2002).  Insured's misrepresentation of smoking history on life insurance policy application was material within meaning of this section such that recovery on policy was barred. 795 F. Supp. 1036 (1992).  Insurer entitled to rescind disability policy under this section where insured's application contained misrepresentations material to risk assumed by insurer in its decision to issue the policy. 820 F. Supp. 1241 (1993).  No summary judgment where insurer failed to show there was no genuine issue of material fact as to whether insured would have been denied insurance if insured's application made insurer aware of insured's previous losses. 80 H. 491 (App.), 911 P.2d 126 (1996).
HI Rev Stat § 431:10-211 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-211 Content of policies in general.

  §431:10-211 Content of policies in general. (a) A policy shall specify:  (1) The names of the parties to the contract. The insurer's name shall be clearly shown in the policy;  (2) The subject of the insurance;  (3) The risks insured against and the amount of insurance;  (4) The time at which the insurance under the policy takes effect, and the period during which the insurance is to continue or the method of determining the period;  (5) A statement of the premium or premium rate; and  (6) The conditions pertaining to the insurance.  (b) If under the contract the exact amount of premiums is determinable only at termination of the contract or at periodic intervals of the contract, a statement of the basis and rates upon which the final premium is to be determined and paid shall be furnished any policy examining bureau having jurisdiction or to the insured upon request.  (c) This section shall not apply to surety insurance or to group insurance contracts. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10-211.3 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-211.3 Commercial general liability extended reporting requirements.

  §431:10-211.3 Commercial general liability extended reporting requirements. Any policy for commercial general liability coverage wherein the insurer shall offer and the insured may elect to purchase an extended reporting period for claims arising during the expiring policy period shall provide that:  (1) In the event of a cancellation, there shall be a thirty-day period during which the insured may elect to purchase coverage for the extended reporting period;  (2) The limit of liability in the policy aggregate for the extended reporting period shall be one hundred per cent of the expiring policy aggregate; and  (3) The insurer shall provide the following loss information to the first named insured within thirty days of the insured's request or upon any notice of cancellation or nonrenewal:  (A) All information on closed claims including the date and description of occurrence and amount of payments, if any;  (B) All information on open claims including the date and description of occurrence, amount of payment, if any, and amount of reserves, if any; and  (C) All information on notices of occurrence including the date and description of occurrence and amount of resources, if any. [L 2006, c 189, §1] Revision Note  Subsection designation deleted pursuant to §23G-15.
HI Rev Stat § 431:10-211.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-211.5 Premium waiver provisions; restrictions.

  §431:10-211.5 Premium waiver provisions; restrictions. (a) Whenever an insurance policy contains a provision or a rider for the waiver of premiums in the event of the total disability of the named insured, the waiver of premiums shall be applicable throughout the period of total disability or for the balance of the waiver period specified in the policy or the rider, whichever is shorter. To qualify for the premium waiver, the insured shall submit a certificate from a physician who is selected by the insured which attests to the insured's medical condition and states the period that the condition will last. If the period that the condition will last cannot be established with reasonable medical certainty, the physician shall state an opinion of the period during which the condition is likely to persist. If the insurer does not accept the insured's physician's diagnosis or estimate of the period that the condition will last, the insured will be examined by a second physician selected by the insurer at the insurer's expense. The insurer will accept the second physician's diagnosis and estimate of the period that the condition will last in order to determine total disability and waiver of premium benefits to be provided. The insured will be furnished with copies of all physicians' reports.  The insurer will also furnish the insured with an explanation of the insurer's decision regarding the total disability under the terms of the contract and the expected period it will last.  If the insured does not agree with the insurer's decision, the insured may appeal to the insurance commissioner within thirty days following receipt of the written notice of insurer's decision.  (b) When the insurer has determined there is total disability and the probable period that it will last, the insurer shall require further certification during the stated period of disability or probable disability only at its expense and not more often than once in any three calendar years, unless there is evidence of a change of circumstances that indicate a change in the medical condition of the insured.  (c) If a claim for premium waiver has been filed after expiration of the grace period specified in the insurance policy, and the qualifying disability has been proved, and the policy owner has demonstrated good faith and honest error justifying the late filing for premium waiver, the insurer shall refund premiums paid after the date the premium waiver would have been effective if the claim had been filed within the period specified in the policy for filing claims. [L 1989, c 336, §1] Note  Derivation. L 1987, c 250, §1 and L 1989, c 276, §2.
HI Rev Stat § 431:10-212 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-212 Contract limitations for handicapped children and children with intellectual disabilities.

  §431:10-212 Contract limitations for handicapped children and children with intellectual disabilities. Every individual life insurance policy, every group life insurance policy, and every hospital or medical expense insurance policy, delivered or issued for delivery in this State after May 8, 1968, which provides that coverage of a dependent child shall terminate upon attainment of the limiting age for dependent children specified in the policy, shall also provide in substance that attainment of such limiting age shall not operate to terminate coverage of such child while the child is and continues to be:  (1) Incapable of self-sustaining employment by reason of intellectual disability or physical handicap, and  (2) Chiefly dependent upon the policyholder for support and maintenance, provided proof of such incapacity and dependency is furnished to the insurer by the policyholder within thirty-one days of the child's attainment of the limiting age and subsequently as may be required by the insurer, but not more frequently than annually after the two-year period following child's attainment of the limiting age. [L 1987, c 347, pt of §2; am L 2011, c 220, § §6, 12]
HI Rev Stat § 431:10-213 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-213 REPEALED.

  §431:10-213 REPEALED. L 1989, c 195, §43.
HI Rev Stat § 431:10-214 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-214 Right to return policy.

  §431:10-214 Right to return policy. (a) There shall be printed on or attached to every individual life insurance policy and every individual accident and health or sickness insurance policy issued for delivery in this State a notice in ten-point bold type stating in substance that the person to whom the policy is issued is entitled to return the policy or contract within ten days of its receipt by the purchaser and to have the premium paid refunded if the purchaser is not satisfied with it for any reason. If, pursuant to such notice, a purchaser mails or delivers the policy to the company or association at its home or branch office or to the producer through whom it was purchased, it shall be void from the beginning and the parties shall be in the same position as if no policy had been issued. When an individual life insurance policy is mailed or delivered by the purchaser within the ten-day period, the insurer may be reimbursed for the actual medical examination expenses incurred in processing the policy or contract, provided the foregoing notice includes a statement to this effect.  (b) This section shall not apply to single premium nonrenewable policies or travel accident policies. [L 1987, c 347, pt of §2; am L 2002, c 155, §44]
HI Rev Stat § 431:10-215 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-215 Readjustment of premiums; dividends.

  §431:10-215 Readjustment of premiums; dividends. (a) Any contract of group disability insurance or group life insurance may provide for the readjustment of the rate of premium based on experience at the end of the first year or of any subsequent year of insurance, and such readjustment may be made retroactive only for the policy year.  (b) If a policy dividend is declared or a reduction in rate is made or continued under any group insurance policy, the excess of the aggregate dividends or rate reductions under the policy and all other group insurance policies of the policyholder over aggregate expenditure for insurance under such policies made from funds contributed by the policyholder, or by an employer of insured persons, or by a union or association to which insured persons belong, including expenditures made in connection with administration of such policies, shall be applied by the policyholder for the sole benefit of insured employees. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10-216 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-216 Additional contents.

  §431:10-216 Additional contents. A policy may contain additional provisions, which are not inconsistent with this part, and which are:  (1) Required to be inserted by the laws of the insurer's state of domicile; or  (2) Appropriate or necessary to state the rights and obligations of the parties to the contract. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10-217 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-217 Charter, bylaw provisions.

  §431:10-217 Charter, bylaw provisions. No policy shall contain any provision purporting to make any portion of the charter, bylaws or other constituent document of the insurer a part of the contract unless that portion is set forth in full in the policy. Any policy provision in violation of this section shall be invalid. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10-218 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-218 Stated premium must include all charges.

  §431:10-218 Stated premium must include all charges. (a) The premium stated in the policy shall be inclusive of all fees, charges, premiums, or other consideration charged for the insurance or for its procurement. This subsection shall not apply to surety or group insurance contracts.  (b) No insurer or its officer, employee, producer, or other representative shall charge or receive any fee, compensation, or consideration for insurance which is not included in the premium specified in the policy. [L 1987, c 347, pt of §2; am L 2002, c 155, §45]
HI Rev Stat § 431:10-219 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-219 Multi-peril policies, premiums stated separately.

  §431:10-219 Multi-peril policies, premiums stated separately. Each insurer issuing a multi-peril policy shall provide the policyholder with a written statement separately stating the premiums and the amounts of insurance or limits of liability for fire and allied lines, inland marine, general liability, crime and each optional coverage, and shall state all pertinent rating factors including classifications, premium basis and rates used in the computation of the final premium. This section shall not apply to homeowners policies. [L 1987, c 347, pt of §2; am L 1989, c 228, §1]
HI Rev Stat § 431:10-220 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-220 Policy must contain entire contract.

  §431:10-220 Policy must contain entire contract. (a) No agreement in conflict with, modifying, or extending any contract of insurance shall be valid unless in writing and made a part of the policy.  (b) No insurer or its representatives shall make any insurance contract or agreement relative thereto that is not plainly expressed in the policy.  (c) The requirements of this section shall not apply to the granting of additional benefits to all policyholders of the insurer, or a class or classes of them, which do not require increases in premium rates or reduction or restrictions of coverage. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10-221 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-221 Prohibited policy provisions: limiting actions and jurisdictions.

  §431:10-221 Prohibited policy provisions: limiting actions and jurisdictions. (a) No insurance contract delivered or issued for delivery in this State and covering subjects located, resident or to be performed in this State, shall contain any condition, stipulation or agreement:  (1) Requiring it to be construed according to the laws of any state or country except as necessary to meet the requirements of the motor vehicle financial responsibility laws or compulsory disability benefit laws of such other state or country; or  (2) Depriving the courts of this State of the jurisdiction of action against the insurer; or  (3) Limiting right of action against the insurer to a period of less than one year from the time when the cause of action accrues in connection with all insurances other than property and marine and transportation insurances. In contracts of property insurance, or of marine and transportation insurance, the limitation shall not be to a period of less than one year from the date of the loss.  (b) Any such condition, stipulation or agreement in violation of this section shall be void, but such voiding shall not affect the validity of the other provisions of the contract. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10-222 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-222 Construction industry; indemnity agreements invalid.

  §431:10-222 Construction industry; indemnity agreements invalid. Any covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair or maintenance of a building, structure, appurtenance or appliance, including moving, demolition or excavation connected therewith, purporting to indemnify the promisee against liability for bodily injury to persons or damage to property caused by or resulting from the sole negligence or wilful misconduct of the promisee, the promisee's agents or employees, or indemnitee, is invalid as against public policy, and is void and unenforceable; provided that this section shall not affect any valid workers' compensation claim under chapter 386 or any other insurance contract or agreement issued by an admitted insurer upon any insurable interest under this code. [L 1987, c 347, pt of §2] Cross References  Insurance policies issued to construction professionals, see §431:1-217.
HI Rev Stat § 431:10-222.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-222.5 Pooled insurance.

  §431:10-222.5 Pooled insurance. (a) Insurers may offer pooled insurance which allows liability insurance and all other types of insurance required by law, not including prepaid health insurance, to be obtained for a construction project. Pooled insurance may be purchased by:  (1) The State and its public instrumentalities for specific public works construction projects, or any other construction project in the public interest which is publicly financed in whole or in part; or  (2) A private person or legal entity subject to the State's tax laws for a specific construction project. Pooled insurance shall be limited to those construction projects that are estimated to cost $50,000,000 or more for the total construction project.  (b) For purposes of this section, "pooled insurance" means an insurance policy or policies from licensed private insurers which cover the liability of all developers, contractors, and subcontractors, for their performance directly related to the project. The insurance policy or policies shall cover only a specific public works or private construction project and shall be in effect for the limited period of time required to complete construction of that project; provided that the policy or policies shall cover claims in accordance with the terms of the policy or policies and within the applicable statute of limitations for those claims.  (c) The State, its public instrumentalities, or a private person or entity may obtain a pooled insurance policy or policies and seek contributions or reimbursements of premiums from any contractor or subcontractor who is included as a named insured. In the alternative to the preceding, the State, its instrumentalities, or a private person or entity may arrange a premium payment guarantee from any contractor or subcontractor included as a named insured.  (d) As used in this section, "contractors" and "subcontractors" do not include architects and engineers.  (e) Nothing in this section shall be construed to alter or nullify the liability of any party to the State for claims arising from a public works construction project.  (f) In cases of conflict with section 386-124, this section shall control.  (g) For purposes of this section, the phrases "specific construction project", "specific public works construction projects, or any other construction project in the public interest", and "total construction project" shall include those projects that may have multiple sites, and projects that involve ongoing construction in phases. [L 1996, c 224, §1; am L 1998, c 268, §2]
HI Rev Stat § 431:10-223 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-223 Underwriters and combination policies.

  §431:10-223 Underwriters and combination policies. Two or more authorized insurers may together issue:  (1) An underwriters policy bearing their names upon which their liability shall be joint and several. Any one insurer may issue policies in the name of an underwriter's department provided the policies shall plainly show the true name of the insurer.  (2) With the commissioner's approval, a combination policy which shall contain provisions substantially as follows:  (A) That the insurers shall be severally liable according to the terms of the policy for the full or specified amount of, or percentage of, any loss or damage aggregating the full amount of insurance under the policy.  (B) That service of process, or of any notice or proof of loss required by the policy, upon any of the insurers executing the policy, shall constitute service upon all such insurers. This section shall not apply to co-surety obligations. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10-224 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-224 Execution of policies.

  §431:10-224 Execution of policies. (a) Every insurance contract shall be executed in the name of and on behalf of the insurer by its officer, employee or authorized representative.  (b) A facsimile signature of any executing officer, employee or representative may be used in lieu of an original signature.  (c) The facsimile signature of any person not authorized to execute contracts as of the date of the policy will not invalidate an otherwise valid insurance contract. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10-225 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-225 Delivery of policy.

  §431:10-225 Delivery of policy. (a) Subject to the insurer's requirements as to payment of premium, every policy shall be mailed or delivered to the insured or to the person entitled thereto within a reasonable period of time after its issuance.  (b) In the event the original policy is delivered or is so required to be delivered to or for deposit with any seller, mortgagee or pledgee of any motor vehicle or aircraft, and in which policy any interest of the purchaser, mortgagor or pledgor in or with reference to such vehicle or aircraft is insured, a duplicate of the policy or memorandum setting forth the type of coverage, limits of liability, premiums for the respective coverages, and duration of the policy, shall be delivered by the seller, mortgagee or pledgee to each such purchaser, mortgagor or pledgor named in the policy or coming within the group of persons designated in the policy to be so included. If the policy does not provide coverage of legal liability for injury to persons or damage to the property of third parties, a conspicuous statement of such fact shall be printed, written or stamped on the face of the duplicate policy or memorandum. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10-226 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-226 Renewal of policy; new policy not required.

  §431:10-226 Renewal of policy; new policy not required. At the option of the insurer, any insurance policy terminating at a specified expiration date and not otherwise renewable, may be renewed or extended, upon a currently authorized policy form and at the premium rate then required for a specific additional period or periods by a certificate or by endorsement of the policy. The issuance of a new policy is not required. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10-226.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10-226.5 Notice of cancellation or nonrenewal.

  §431:10-226.5 Notice of cancellation or nonrenewal. In the case of cancellation of a policy, the insurer shall give written notice to the insured not fewer than ten days prior to the effective date of cancellation. For nonrenewal of a policy, the insurer shall give written notice to the insured not fewer than thirty days prior to the effective date of nonrenewal. If under title 24 or a policy, a longer time period is required for a notice of cancellation or nonrenewal for the policy, the longer period shall be applicable. Cancellation or nonrenewal shall not be deemed valid unless evidence of mailing is provided. [L 2000, c 182, §3]