reglab/housing_qa huggingface dataset:
HI Rev Stat § 431:8-208 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-208 Defense of action by unauthorized insurer; bond.

  §431:8-208 Defense of action by unauthorized insurer; bond. (a) Before any unauthorized insurer files or causes to be filed any pleading in any court action, suit, or proceeding, or any notice, order, pleading, or process in an administrative proceeding before the commissioner, instituted against such person or insurer by service made as provided in section 431:8-207, such insurer shall either:  (1) Deposit with the clerk of the court in which such action, suit, or proceeding is pending, or with the commissioner in administrative proceedings, cash or securities, or file a bond with good and sufficient sureties to be approved by the court or commissioner, in an amount fixed by the court or commissioner sufficient to secure the payment of any final judgment which may be rendered in such action or administrative proceeding, or  (2) Procure a certificate of authority to transact insurance in this State.  (b) The commissioner, in any administrative proceeding in which service is made as provided in section 431:8-207, may in the commissioner's discretion order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of subsection (a) and to defend such action.  (c) Nothing in subsection (a) shall be construed to prevent an unauthorized insurer from filing a motion to quash a writ or to set aside service made in the manner provided in section 431:8-207 on the ground that the unauthorized insurer has not transacted any insurance business in this State. [L 1987, c 347, pt of §2; am L 2003, c 212, §45; am L 2004, c 122, §25]
HI Rev Stat § 431:8-209 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-209 Attorney's fees.

  §431:8-209 Attorney's fees. In an action against an unauthorized insurer upon a contract of insurance issued or delivered to a person in this State, if the insurer has failed for thirty days after demand prior to the commencement of the action to make payment in accordance with the terms of the contract, and it appears to the court that the refusal was vexatious and without reasonable cause, the court may allow to the plaintiff reasonable attorney's fees and include the fees in any judgment that may be rendered in the action. The fee shall not exceed twelve and one-half per cent of the amount that the court or jury finds the plaintiff is entitled to recover against the insurer, but in no event shall the fee be less than $25. Failure of an insurer to defend any such action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause. [L 1987, c 347, pt of §2; am L 2006, c 154, §7]
HI Rev Stat § 431:8-210 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-210 Advertising prohibited.

  §431:8-210 Advertising prohibited. (a) No publication published in this State, or radio or television broadcaster, or any other agency or means for the dissemination of information operated or located in this State shall publish, broadcast, or otherwise disseminate within this State, advertising for or on behalf of any insurer not then authorized to transact insurance in this State.  (b) This section does not apply to publications published in this State principally for circulation in the continental United States, wherein advertising by or on behalf of an unauthorized insurer is not directed expressly toward residents or subjects of insurance in this State. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:8-211 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-211 Penalties.

  §431:8-211 Penalties. (a) Any person, other than an insured, who represents or aids an unauthorized insurer in violation of this part may be subject to a fine not in excess of $1,000.  (b) Any unauthorized insurer who transacts any unauthorized act of an insurance business as set forth in this part may be fined not more than $10,000. [L 1987, c 347, pt of §2; am L 1989, c 207, §6; am L 2006, c 154, §8]
HI Rev Stat § 431:8-300 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-300 Exemptions from surplus lines law.

 §431:8-300 Exemptions from surplus lines law. This part shall not apply to reinsurance or to the following insurance when placed by a licensed producer of this State:  (1) Ocean marine insurance;  (2) Insurance on subjects located, resident, or to be performed wholly outside this State, or on vehicles or aircraft owned and principally garaged outside this State; or  (3) Insurance of aircraft or cargo of such aircraft, or against liability, other than workers' compensation and employer's liability, arising out of the ownership, maintenance, or use of such aircraft. [L 1989, c 195, §2; am L 2002, c 155, §15]
HI Rev Stat § 431:8-301 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-301 Insurance placed with unauthorized insurer permitted.

  §431:8-301 Insurance placed with unauthorized insurer permitted. (a) In addition to section 431:8-205, insurance may be procured from an unauthorized insurer; provided that:  (1) The insurance is procured through a surplus lines broker licensed in the insured's home state;  (2) The full amount or kind of insurance cannot be obtained from insurers who are authorized to do business in this State; provided that a diligent search is made among the insurers who are authorized to transact and are actually writing the particular kind and class of insurance in this State each time the insurance is placed or renewed;  (3) The surplus lines insurance procured is in addition to or in excess of the amount and coverage which can be procured from the authorized insurers; and  (4) The insurance is not procured at a rate lower than the lowest rate that is generally acceptable to authorized insurers transacting that kind of business and providing insurance affording substantially the same protection.  (b) A surplus lines broker is not required to make a due diligence search to determine whether the full amount or type of insurance can be obtained from authorized insurers when the broker is seeking to procure or place unauthorized insurance for an exempt commercial purchaser; provided that:  (1) The broker procuring or placing the surplus lines insurance has disclosed to the exempt commercial purchaser that the insurance may or may not be available from the admitted market which may provide greater protection with more regulatory oversight; and  (2) The exempt commercial purchaser has subsequently requested in writing for the broker to procure or place the insurance from an unauthorized insurer. [L 1987, c 347, pt of §2; am L 2011, c 68, §8]
HI Rev Stat § 431:8-302 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-302 Surplus lines insurers.

  §431:8-302 Surplus lines insurers. (a) No surplus lines broker shall, either knowingly or without reasonable investigation of the financial condition and general reputation of the insurer, place insurance with a financially unsound insurer or with an insurer engaging in an unfair practice.  (b) A surplus lines broker may place surplus lines insurance only with insurers who are authorized to write that type of insurance in the insurer's domiciliary state.  (c) A surplus lines broker shall not place coverage with an unauthorized insurer unless, at the time of placement, the surplus lines broker has determined that:  (1) The unauthorized insurer has capital and surplus or its equivalent under the laws of its domiciliary state that equal the greater of the minimum capital requirement of this State or a minimum of $15,000,000; provided that:  (A) Minimum capital requirements may be satisfied by the insurer's possessing less than the minimum capital and surplus upon an affirmative finding of acceptability by the commissioner;  (B) A finding of acceptability pursuant to subparagraph (A) shall be based upon factors such as quality of management, capital and surplus of any parent company, company underwriting profit and investment income trends, market availability, and company record and reputation within the industry; and  (C) The commissioner shall not make an affirmative finding of acceptability pursuant to subparagraph (A) if the unauthorized insurer's capital and surplus is less than $4,500,000; or  (2) For an insurer not domiciled in the United States or its territories, the insurer shall be listed on the Quarterly Listing of Alien Insurers maintained by the National Association of Insurance Commissioners International Insurers Department; provided that:  (A) If an alien insurer is not in the Quarterly Listing of Alien Insurers, the surplus lines broker shall maintain in the broker's office evidence of the financial responsibility of the insurer; and  (B) Evidence satisfactory to the commissioner that the insurer maintains in the United States an irrevocable trust fund in either a national bank or a member of the Federal Reserve System in an amount of not less than $5,400,000 consisting of cash, securities, letters of credit, or of investments of substantially the same character and quality as those which are eligible investments for the capital and statutory reserves of authorized insurers writing like kinds of insurance in this State, for the protection of all its policyholders in the United States, shall constitute prima facie evidence of the financial responsibility of the insurer. [L 1987, c 347, pt of §2; am L 1993, c 205, §12; am L 2000, c 182, §7; am L 2011, c 68, §9; am L 2019, c 216, §1]
HI Rev Stat § 431:8-303, 431:8-304 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-303, 431:8-304 REPEALED.

  § §431:8-303, 431:8-304 REPEALED. L 1989, c 207, § §16, 17.
HI Rev Stat § 431:8-305 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-305 Evidence of insurance; changes; penalties.

  §431:8-305 Evidence of insurance; changes; penalties. (a) Upon placing surplus lines insurance, the surplus lines broker shall as soon as reasonably possible deliver to the insured the policy or, if the policy is not available, the surplus lines broker's certificate, cover note, binder, or other evidence of insurance. Any confirmation of insurance shall be executed by the surplus lines broker and shall show:  (1) The policy number, effective date, home state, and a description and location of the subject of the insurance;  (2) A general description of the coverages, including any material limitations other than those in standard forms;  (3) The premium and rate charged;  (4) The taxes and fees to be collected from the insured;  (5) The name and address of the insured;  (6) The name and address of the insurer;  (7) If the direct risk is assumed by more than one insurer, the certificate shall state the name and address and proportion of the entire direct risk assumed by each insurer; and  (8) The name of the surplus lines broker and such broker's license number.  (b) No surplus lines broker shall issue or deliver any evidence of insurance or purport to insure, or represent that insurance has or will be written by any unauthorized insurer, unless the broker has authority from the insurer to cause the risk to be insured, or has received information from the insurer in the regular course of business that such insurance has been granted.  (c) If after delivery of the evidence of insurance there is any change in the identity of the insurers, or the proportion of the risk assumed by any insurer, or any other material change in coverage as stated in the original evidence of insurance, the surplus lines broker shall as soon as reasonably possible issue and deliver to the insured a substitute for, or endorsement of the original document, accurately showing the current status of the coverage and the insurer's responsibility thereunder.  (d) As soon as reasonably possible after the placement of any such insurance, the surplus lines broker shall procure from the insurer its policy or, if not available, a certificate of insurance and deliver it to the insured to replace any evidence of insurance initially issued to the insured.  (e) Any surplus lines broker who fails to comply with the requirements of this section shall be subject to the penalties provided in section 431:8-320. [L 1987, c 347, pt of §2; am L 2011, c 68, §10; am L 2019, c 216, §2]
HI Rev Stat § 431:8-306 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-306 Signature of broker and special endorsement of surplus lines policy.

  §431:8-306 Signature of broker and special endorsement of surplus lines policy. Every insurance contract procured and delivered as a surplus lines coverage pursuant to this part, including any evidence of insurance other than a policy, shall:  (1) Bear the name and address of the surplus lines broker who procured it, and  (2) Have stamped or written conspicuously upon the first page of the contract the following:  "This insurance contract is issued by an insurer which is not licensed by the State of Hawaii and is not subject to its regulation or examination. If the insurer is found insolvent, claims under this contract are not covered by any guaranty fund of the State of Hawaii." [L 1987, c 347, pt of §2]
HI Rev Stat § 431:8-307 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-307 Broker's duty to notify insured

  §431:8-307 Broker's duty to notify insured. No contract of insurance placed by a surplus lines broker under this part and no premium charged therefor shall be due and payable until the surplus lines broker, when business is originated by a surplus lines broker, or the producer, when business is referred to a surplus lines broker from a licensed producer, has notified the insured in writing that:  (1) The insurer with which the surplus lines broker placed the insurance is not licensed by this State and is not subject to its supervision; and  (2) In the event of the insolvency of the surplus lines insurer, losses will not be paid by any of the State's insurance guaranty funds. A copy of the notice shall be maintained by the broker with the records of the contract and available for examination.  Nothing in this section shall nullify any agreement by any insurer to provide insurance. [L 1987, c 347, pt of §2; am L 2002, c 155, §16; am L 2003, c 212, §46]
HI Rev Stat § 431:8-308 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-308 Surplus lines insurance valid.

  §431:8-308 Surplus lines insurance valid. Insurance contracts procured as surplus lines coverage from unauthorized insurers shall be fully valid and enforceable as to all parties, and shall be given recognition in all matters and respects to the same effect as like contracts issued by authorized insurers. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:8-309 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-309 Effect of payment to surplus lines broker.

  §431:8-309 Effect of payment to surplus lines broker. Payment of a premium to a surplus lines broker acting for a person other than the surplus lines broker in negotiating, continuing, or reviewing any policy of insurance under this part shall be deemed to be payment to the insurer, notwithstanding whatever conditions or stipulations may be inserted in the policy or contract. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:8-311 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-311 Compensation.

 §431:8-311 Compensation. A licensed surplus lines broker may accept and place surplus lines business from any producer licensed in this State for the class of insurance involved, and may compensate the producer therefor. [L 1987, c 347, pt of §2; am L 2002, c 155, §18]
HI Rev Stat § 431:8-312 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-312 Records of surplus lines broker.

  §431:8-312 Records of surplus lines broker. (a) Each licensed surplus lines broker shall keep in the broker's office in this State a full and true record of each surplus lines contract placed by the broker including a copy of the policy, certificate, cover note, or other evidence of insurance including, as applicable:  (1) Amount of the insurance and perils insured;  (2) Brief description of the property insured and its location;  (3) Gross premium, taxes, and fees charged;  (4) Any return premium, taxes, and fees paid;  (5) Rate of premium charged upon the several items of property;  (6) Effective date of the contract and its terms;  (7) Name, address, and home state of the insured;  (8) Name and address of the insurer;  (9) Amount of tax and other sums to be collected from the insured; and  (10) Any additional information required by the commissioner.  (b) For each contract of insurance placed by a surplus lines broker, the broker shall maintain a written statement as to the diligent efforts by the surplus lines broker or the producer to place the insurance with authorized insurers.  (c) The record of each contract shall be kept open at all reasonable times to examination by the commissioner without notice for a period not less than five years following the termination of the contract. [L 1987, c 347, pt of §2; am L 1989, c 207, §7; am L 2002, c 155, §19; am L 2011, c 68, §11; am L 2019, c 216, §3]
HI Rev Stat § 431:8-313 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-313 Surplus lines broker's reports to commissioner.

  §431:8-313 Surplus lines broker's reports to commissioner. (a) Each surplus lines broker shall file electronically with the commissioner within forty-five days of the end of each calendar quarter a verified statement of all surplus lines insurance transacted during the calendar quarter as follows:  (1) The statement for the quarter ending March 31 shall be filed on or before May 15;  (2) The statement for the quarter ending June 30 shall be filed on or before August 15;  (3) The statement for the quarter ending September 30 shall be filed on or before November 15; and  (4) The statement for the quarter ending December 31 shall be filed on or before February 15.  (b) The statement shall be on forms as prescribed and furnished by the commissioner and shall show:  (1) Gross amount of premiums for each kind of insurance transacted;  (2) Gross premiums charged;  (3) Returned premiums paid to insureds;  (4) Net premiums and fees;  (5) Amount of remitted taxes and fees; and  (6) Additional information as required by the commissioner. [L 1987, c 347, pt of §2; am L 2003, c 212, §47; am L 2011, c 68, §12; am L 2019, c 216, §4; am L 2021, c 110, §7]
HI Rev Stat § 431:8-314 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-314 Surplus lines advisory organizations.

  §431:8-314 Surplus lines advisory organizations. (a) An advisory surplus lines organization of surplus lines brokers may be formed to:  (1) Facilitate and encourage compliance by its members with the laws of this State and the rules and regulations of the commissioner relative to surplus lines insurance;  (2) Provide means for the examination, which shall remain confidential, of all surplus lines coverage written by its members to determine whether such coverages comply with such laws and regulations;  (3) Communicate with organizations of admitted insurers with respect to the proper use of the surplus lines market; and  (4) Receive and disseminate to its members information relative to surplus lines coverages.  (b) Every such advisory organization shall file with the commissioner:  (1) A copy of its constitution, its articles of agreement or association or its certificate of incorporation;  (2) A copy of its bylaws, rules and regulations governing its activities;  (3) A current list of its members;  (4) The name and address of its authorized resident agent upon whom notices or orders of the commissioner or processes issued at the commissioner's direction may be served, and  (5) An agreement that the commissioner may examine such advisory organization in accordance with the provisions of subsection (c).  (c) The commissioner shall, at least once in every five years, make or cause to be made an examination of each such advisory organization. The reasonable cost of any such examination shall be paid by the advisory organization upon presentation to it by the commissioner of a detailed account of each cost. The officers, managers, agents, and employees of such advisory organization may be examined at any time, under oath, and shall exhibit all books, records, accounts, documents, or agreements governing its method of operation. The commissioner shall furnish two copies of the examination report to the advisory organization examined and shall notify such organization that it may, within twenty days thereof, request a hearing on the report or on any facts or recommendations therein. If the commissioner finds such advisory organization or any of its members to be in violation of this part, the commissioner may issue an order requiring the discontinuance of such violation. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:8-315 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-315 Tax on surplus lines.

  §431:8-315 Tax on surplus lines. (a) Within forty-five days after the end of each calendar quarter, each surplus lines broker shall pay to the director of finance, through the commissioner via the National Association of Insurance Commissioners' Online Premium Tax for Insurance or an equivalent service approved by the commissioner, a premium tax on surplus lines insurance transacted by the broker during the calendar quarter for insurance for which this State is the home state of the insured. The tax rate shall be in the amount of 4.68 per cent of gross premiums, less return premiums, on surplus lines insurance for which the home state is this State.  As used in this subsection, "gross premiums" means the amount of the policy or coverage premium charged by the insurer in consideration for the insurance contract. Any charges for policy, survey, inspection, service, or similar fees or other charges added by the broker shall not be considered part of gross premiums.  (b) The tax on any portion of the premium unearned at the termination of the insurance contract shall be returned to the policyholder. [L 1987, c 347, pt of §2; am L 2003, c 212, §48; am L 2006, c 154, §10; am L 2011, c 68, §13; am L 2019, c 216, §5; am L 2021, c 110, §8]
HI Rev Stat § 431:8-316 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-316 Penalty for failure to file statement or remit tax.

  §431:8-316 Penalty for failure to file statement or remit tax. (a) If any surplus lines broker fails to:  (1) File statements required by section 431:8-313; or  (2) Pay the premium tax required by section 431:8-315 when the tax is due, the surplus lines broker may be liable for a fine of up to $25 for each day of delinquency.  (b) The commissioner may:  (1) Collect the premium tax required by section 431:8-315 by distraint;  (2) Recover the premium tax required by section 431:8-315 and fine for failure to pay the premium tax by instituting an action in any court of competent jurisdiction; or  (3) Recover the fine for failure to file the statements required by section 431:8-313 by instituting an action in any court of competent jurisdiction. [L 1987, c 347, pt of §2; am L 2003, c 212, §49; am L 2006, c 154, §11; am L 2011, c 68, §14]