reglab/housing_qa huggingface dataset:
HI Rev Stat § 431:14-104.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-104.5 Loss cost filings.

  §431:14-104.5 Loss cost filings. When required by the commissioner, the rating organization or advisory organization shall file for approval all prospective loss costs, supplementary rating information, and every change, amendment, or modification thereto proposed for use in this State. The filings shall be subject to sections 431:14-104, 431:14-105, and 431:14-106 and other provisions of article 14 relating to filings made by insurers. [L 1990, c 255, §2; am L 2019, c 70, §19]
HI Rev Stat § 431:14-105 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-105 Policy revisions that alter coverage.

  §431:14-105 Policy revisions that alter coverage. (a) Any policy revisions that alter coverage in any manner shall be filed with the commissioner and shall include an analysis of the impact each revision has on rates or loss costs.  (b) After review by the commissioner, the commissioner shall determine whether a rate filing for the policy revision must be submitted in accordance with section 431:14-104. [L 1987, c 349, §9; am L 2005, c 132, §4; am L 2009, c 77, §11; am L 2019, c 70, §20]
HI Rev Stat § 431:14-105.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-105.5 Standing to intervene in rate filing and ratemaking proceedings.

  §431:14-105.5 Standing to intervene in rate filing and ratemaking proceedings. In any workers' compensation insurance rate filing and ratemaking proceeding before the commissioner under article 14, an insured who is covered by workers' compensation insurance shall have the right to intervene and participate as a party in interest. [L 1989, c 195, §6]
HI Rev Stat § 431:14-107.1 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-107.1 Rating and advisory organizations, permitted activity.

  §431:14-107.1 Rating and advisory organizations, permitted activity. In addition to other activities not expressly prohibited by this article, rating organizations and advisory organizations are authorized, on behalf of their members and subscribers, to:  (1) Develop statistical plans including territorial and class definitions;  (2) Collect statistical data from members, subscribers, or any other source;  (3) Prepare and distribute prospective loss costs;  (4) Prepare and distribute factors, calculations or formulas pertaining to classification, territory, increased limits, and other variables;  (5) Prepare and distribute manuals of rating rules and rating schedules that do not include final rates, expenses provisions, profit provisions, or minimum premiums;  (6) Distribute information that is required or directed to be filed with the commissioner;  (7) Conduct research and on-site inspections in order to prepare classifications of public fire defenses;  (8) Consult with public officials regarding public fire protection as it would affect members, subscribers, and others;  (9) Conduct research and collect statistics in order to discover, identify, and classify information relating to causes or prevention of losses;  (10) Prepare policy forms and endorsements and consult with members, subscribers, and others relative to their use and application;  (11) Conduct research and on-site inspections for the purpose of providing risk information relating to individual structures;  (12) Collect, compile, and distribute past and current prices of individual insurers and publish that information;  (13) File final rates, at the direction of the commissioner, for residual market mechanisms; and  (14) Furnish any other services, as approved or directed by the commissioner, related to those enumerated in this section. [L 1990, c 255, §3]
HI Rev Stat § 431:14-107.2 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-107.2 Insurers and organizations, prohibited activity.

  §431:14-107.2 Insurers and organizations, prohibited activity. (a) Except as permitted in this article, no insurer, rating organization, or advisory organization shall:  (1) Attempt to monopolize, or combine or conspire with any other person to monopolize an insurance market; or  (2) Engage in a boycott, on a concerted basis, of an insurance market.  (b) Except as permitted in this article, no insurer shall agree with any other insurer or with a rating organization or with an advisory organization to mandate adherence to or to mandate use of any rate, rating plan, rating schedule, rating rule, policy or bond form, rate classification, rate territory, underwriting rule, survey, inspection, or similar material, except as needed to develop statistical plans permitted by section 431:14-107.1. The fact that two or more insurers, whether or not members or subscribers of a rating organization or advisory organization, use consistently or intermittently the same rates, rating plans, rating schedules, rating rules, policy or bond forms, rate classifications, rate territories, underwriting rules, surveys or inspections, or similar materials is not sufficient in itself to support a finding that an agreement exists. Two or more insurers having a common ownership or operating in this State under common management or control may act in concert between or among themselves with respect to any matters pertaining to those activities authorized in this article as if they constituted a single insurer.  (c) Except as permitted in this article, no insurer, rating organization, or advisory organization shall make any arrangement with any other insurer, advisory organization, or other person which has the purpose or effect of restraining trade unreasonably or of substantially lessening competition in the business of insurance. [L 1990, c 255, §4; am L 1993, c 205, §34]
HI Rev Stat § 431:14-107.3 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-107.3 Rating or advisory organizations, prohibited activity.

  §431:14-107.3 Rating or advisory organizations, prohibited activity. Except as specifically permitted under this article or any rule adopted thereunder, no rating or advisory organization shall compile or distribute recommendations relating to rates that include expenses (other than loss adjustment expenses) or profit. [L 1990, c 255, §5]
HI Rev Stat § 431:14-108 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-108 Deviations.

  §431:14-108 Deviations. (a) Except for those lines of insurance for which the commissioner determines individual rate filings shall be made, every member of or subscriber to a rating organization shall adhere to the filings the organization made on its behalf; provided that any insurer may submit a rate filing to the commissioner to file a deviation from the class rates, schedules, rating plans, or rules respecting any class of insurance, class of risk within a class of insurance, or combination thereof. The rate filing shall specify the basis for the deviation and shall be accompanied by the data upon which the applicant relies. The filer shall simultaneously send a copy of the deviation and data to the rating organization.  (b) In considering the deviation, the commissioner shall consider the available statistics and the principles for ratemaking in section 431:14-103. The commissioner shall approve the filing of the deviation if the commissioner finds that it is justified. The deviation shall become effective upon the commissioner's approval of the proposed effective date of the filing. The commissioner shall disapprove the rate filing if the commissioner finds the deviation is not justified or the resulting premiums would be excessive, inadequate, or unfairly discriminatory. Each deviation filed shall be effective for a period of one year from the date of approval, unless terminated sooner with approval by the commissioner. [L 1987, c 347, pt of §2; am L 1993, c 205, §35; am L 2019, c 70, §21]
HI Rev Stat § 431:14-109 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-109 Appeal by minority.

  §431:14-109 Appeal by minority. Any member of or subscriber to a rating organization may appeal to the commissioner from the action or decision of the rating organization in approving or rejecting any proposed change in or addition to the filings of the rating organization. The commissioner shall, after a hearing held upon not less than ten days' written notice to the appellant and to the rating organization, issue an order approving the action or decision of the rating organization or directing it to give further consideration to the proposal.  (1) If the appeal is from the action or decision of the rating organization in rejecting a proposed addition to its filings, the commissioner may issue an order directing the rating organization to make an addition to its filings, on behalf of its members and subscribers, provided the commissioner finds that the action or decision was unreasonable. The rating organization shall make an addition to its filings within a reasonable time after the issuance of the order and in a manner consistent with the commissioner's findings.  (2) The commissioner shall order the rating organization to make the requested filing for use by the appellant if the appeal is:  (A) Based upon the failure of the rating organization to make a filing on behalf of the member or subscriber which is based on a system of expense provisions differing from the system of expense provisions included in the rating organization's filing, and  (B) Granted by the commissioner. In deciding the appeal the commissioner shall apply the standards set forth in section 431:14-103. [L 1987, c 347, pt of §2] Revision Note  Subsection designation deleted pursuant to §23G-15.
HI Rev Stat § 431:14-110 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-110 Information to be furnished insureds; hearings and appeals of insureds.

  §431:14-110 Information to be furnished insureds; hearings and appeals of insureds. (a) Every rating organization and every insurer which makes its own rates shall, within a reasonable time after receiving written request therefor and upon payment of such reasonable charges as it may make, furnish to any insured affected by a rate made by it or to the authorized representative of the insured, all pertinent information as to the rate.  (b) Every rating organization and every insurer which makes its own rates shall provide within this State reasonable means whereby any person aggrieved by the application of its rating system may be heard, in person or by an authorized representative, on such person's written request to review the manner in which the rating system has been applied in connection with the insurance afforded that person. If the rating organization or insurer fails to grant or reject the request within thirty days after it is made, the applicant may proceed in the same manner as if the application had been rejected. Any party affected by the action of the rating organization or the insurer on such request may appeal to the commissioner within thirty days after written notice of such action. The commissioner, after a hearing held upon not less than ten days' written notice to the appellant and to the rating organization or insurer, may affirm or reverse the action. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:14-110.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-110.5 Disclosure of workers' compensation premium information.

  §431:14-110.5 Disclosure of workers' compensation premium information. (a) All policies issued to employers for workers' compensation insurance shall disclose clearly to employers as separate figures the portion of the premium charged for:  (1) Medical care, services, and supplies;  (2) Wage loss benefits including temporary total, temporary partial, and permanent total disability benefits and their related benefits;  (3) Indemnity benefits for permanent partial disability; and  (4) Death benefits.  In addition, a disclosure statement shall indicate to the employer the portion of the premium attributable to loss control and administrative costs, attorney's fees of the insurer, the cost of employer requested medical examinations, and private investigation costs.  (b) When a policy is issued to employers for workers' compensation insurance, it shall be accompanied by a statement disclosing the percentages of premiums expended during the previous year by the insurer for claims paid in the categories specified in subsection (a), including loss control and administrative costs, attorney's fees of the insurer, the cost of employer requested medical examinations, and private investigation costs.  (c) The information provided to employers by insurers pursuant to this section shall be provided on an annual basis to the director of labor and industrial relations and to the commissioner.  (d) Any insurer found in violation of this section shall pay a fine of $5,000 per violation to the insured, plus attorney's fees and costs to the insured for enforcing this section. [L 1995, c 234, pt of §5]
HI Rev Stat § 431:14-110.8 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-110.8 Publication of homeowners insurance premium information.

  §431:14-110.8 Publication of homeowners insurance premium information. (a) Upon the commissioner's request, all homeowners insurers shall provide homeowners insurance premium information to the commissioner within thirty days of the request.  (b) The commissioner shall publish annually, by electronic or online publication on the official website of the insurance division, a list of all homeowners insurers with representative annual premiums for homeowners insurance.  (c) As used in this section:  "Homeowners insurance" means an insurance policy for any residential property in the State that combines:  (1) Indemnity from destruction or damage of the insured's property by various designated perils; and  (2) Indemnity for legal liability of the insured for death, injury, or disability of any human being or for damage to property.  "Homeowners insurer" means an insurer holding a valid certificate of authority to engage in the business of making contracts of homeowners insurance in this State. [L 2012, c 258, §1]
HI Rev Stat § 431:14-111 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-111 Advisory organizations.

  §431:14-111 Advisory organizations. (a) Every group, association or other organization of insurers, whether located within or outside this State, which assists insurers which make their own filings or rating organizations in ratemaking, by the collection and furnishing of loss or expense statistics, or by the submission of recommendations, but which does not make filings under this article, shall be known as an advisory organization.  (b) Every advisory organization shall file with the commissioner:  (1) A copy of its constitution, its articles of agreement or association, or its certificate of incorporation and of its bylaws, rules and regulations governing its activities;  (2) A list of its members;  (3) The name and address of a resident of this State upon whom notices or orders of the commissioner or process issued at the commissioner's direction may be served; and  (4) An agreement that the commissioner may examine the advisory organization in accordance with section 431:14-113.  (c) If, after a hearing, the commissioner finds that the furnishing of such information or assistance by the advisory organization involved any act or practice which is unfair or unreasonable or otherwise inconsistent with this article, the commissioner may issue a written order specifying in what respects the act or practice is unfair or unreasonable or otherwise inconsistent with this article, and requiring the discontinuance of the act or practice.  (d) No insurer which makes its own filings, nor any rating organization, shall support its filings by statistics or adopt ratemaking recommendations furnished to it by an advisory organization which has not complied with this section or with an order of the commissioner involving the statistics or recommendations issued under subsection (c). If the commissioner finds such insurer or rating organization to be in violation of this subsection, the commissioner may issue an order requiring the discontinuance of such violation. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:14-112 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-112 Joint underwriting or joint reinsurance.

  §431:14-112 Joint underwriting or joint reinsurance. (a) Every group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance, shall be subject to regulation as provided below, subject:  (1) With respect to joint underwriting, to all other provisions of this article, and  (2) With respect to joint reinsurance, to section 431:14-113, section 431:14-117 and section 431:14-118.  (b) If, after a hearing, the commissioner finds that any activity or practice of any such group, association or other organization is unfair or unreasonable or otherwise inconsistent with this article, the commissioner may issue a written order specifying in what respects the activity or practice is unfair or unreasonable or otherwise inconsistent with this article, and requiring the discontinuance of such activity or practice. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:14-113 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-113 Examination.

  §431:14-113 Examination. (a) The commissioner may, as often as the commissioner may deem it expedient, make or cause to be made an examination of each rating organization referred to in section 431:14-107, each advisory organization referred to in section 431:14-111 and of each group, association or other organization referred to in section 431:14-112. The reasonable costs of any such examination shall be paid by the rating organization, advisory organization, or group, association, or other organization examined upon presentation to it of a detailed account of such costs. The officer, manager, agents, and employees of the rating organization, advisory organization, or group, association, or other organization may be examined at any time under oath and shall exhibit all books, records, accounts, documents, or agreements governing its method of operation. In lieu of any such examination, the commissioner may accept the report of an examination made by the insurance supervisory official of any state, pursuant to the laws of such state.  (b) The commissioner shall furnish the organization examined a copy of the examination report not fewer than sixty days prior to the filing of the report for public inspection in the insurance division. If the organization so requests in writing during the sixty-day period, the commissioner shall hold a hearing to consider the organization's objections to the report as proposed, and shall not file the report until after the hearing and until after any modifications in the report deemed necessary by the commissioner have been made. If the organization does not request a hearing on the report, the examination report shall be filed at the end of sixty days.  (c) Once filed, the report shall be available for public inspection and shall be admissible as a public record, except that the commissioner or the commissioner's examiners may at any time testify and offer other proper evidence as to information secured during the course of an examination, regardless of whether a written report of the examination has at that time been either made, served, or filed in the insurance division. [L 1987, c 347, pt of §2; am L 1990, c 255, §12; am L 2004, c 122, §63]
HI Rev Stat § 431:14-114 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-114 Rate administration.

  §431:14-114 Rate administration. (a) The commissioner may promulgate reasonable rules and statistical plans, which may be modified from time to time, and which shall be used by each insurer in the recording and reporting of its loss and country-wide expense experience, in order that the experience of all insurers may be made available at least annually in such form and detail as may be necessary to aid the commissioner in determining whether rating systems comply with the standards set forth in section 431:14-103. The rules and plans may also provide for the recording and reporting of expense experience items which are specially applicable to this State and are not susceptible of determination by a prorating of country-wide expense experience. In promulgating such rules and plans, the commissioner shall give due consideration to:  (1) The rating systems on file with the commissioner; and  (2) The rules and the form of the plans used for such rating system in other states, in order that the rules and plans may be as uniform as is practicable among the several states and this State. No insurer shall be required to record or report its loss experience on a classification basis that is inconsistent with the rating system filed by it. The commissioner may designate one or more rating organizations or other agencies to assist the commissioner in gathering the experience and compiling the information. The compilations shall be made available, subject to reasonable rules promulgated by the commissioner, to insurers and rating organizations.  (b) Reasonable rules and plans may be promulgated by the commissioner for the interchange of data necessary for the application of rating plans.  (c) In order to further the uniform administration of rate regulatory laws, the commissioner and every insurer and rating organization may exchange information and experience data with insurance supervisory officials, insurers, and rating organizations in any state and may consult with them with respect to ratemaking and the application of rating systems.  (d) The commissioner may make reasonable rules and regulations necessary to effect the purposes of the rating laws. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:14-115 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-115 False or misleading information.

  §431:14-115 False or misleading information. No person or organization shall wilfully withhold information from or knowingly give false or misleading information to the commissioner, any statistical agency designated by the commissioner, any rating organization, or any insurer, which will affect the rates or premiums chargeable under this article. Violation of this section shall subject the one guilty of such violation to the penalties provided in section 431:14-117. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:14-116 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-116 Assigned risks.

  §431:14-116 Assigned risks. Agreements may be made among insurers with respect to the equitable apportionment among them of insurance which may be afforded applicants who are in good faith entitled to, but who are unable to procure, such insurance through ordinary methods and the insurers may agree among themselves on the use of reasonable rate modifications for such insurance, the agreements and rate modifications to be subject to the approval of the commissioner; provided that this section shall not apply to workers' compensation insurance after December 31, 1996, or the date the domestic mutual insurance company established pursuant to [section] 431:14A-103 writes its first policy, whichever is later. [L 1987, c 347, pt of §2; am L 1996, c 261, §3] Note  For contingent repeal and reenactment, see L 1996, c 261, §10. Cross References  Discontinuation of assigned risks, see §431:14A-119.