reglab/housing_qa huggingface dataset:
HI Rev Stat § 431:10C-111 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-111 Cancellation and nonrenewal of policies: when prohibited, when permitted.

  §431:10C-111 Cancellation and nonrenewal of policies: when prohibited, when permitted. (a) An insurer may not cancel or refuse to renew a motor vehicle insurance policy, including optional additional insurance under the requirements of section 431:10C-302, once issued except when:  (1) The license of the principal operator to operate the type of motor vehicle is suspended or revoked;  (2) Premium payments for the policy are not made after reasonable demand therefor;  (3) The nonrenewal or conditional renewal is limited in accordance with section 431:10C-111.5; or  (4) A motor vehicle insurance policy has been in effect for sixty days or less and cancellation of the policy is not based on any of the criteria prohibited by subsection (c).  (b) An insurer may refuse to renew optional additional coverage in excess of that which the insurer is required to make available to the insured under section 431:10C-302 where the insured is a member of a class set forth in section 431:10C-407(b)(1)(A) or (B) at the time of the refusal to renew.  (c) No insurer shall refuse to continue a motor vehicle insurance policy based solely upon a person's race, creed, ethnic extraction, age, sex, length of driving experience, marital status, residence, physical handicap, or because an insured has elected to obtain any required or optional coverage or deductible required by law. If an insured alleges that the insurer's refusal to continue the motor vehicle insurance policy is based solely upon the insured's race, creed, ethnic extraction, age, sex, length of driving experience, marital status, residence, physical handicap, or because the insured has elected to obtain any required or optional coverage or deductible provided by law, the burden of proof shall rest with the insurer to prove that the refusal to continue the policy was not based on noncompliance with this subsection.  (d) An insurer may also refuse to renew motor vehicle insurance policies:  (1) If the commissioner determines that the financial soundness of the insurer would be impaired by the writing of additional policies of insurance; or  (2) The insurer ceases to write any new policies of insurance of any kind in this State.  (e) Within fifteen days of a cancellation and the return of the motor vehicle insurance identification card or a signed affidavit stating the card was lost or stolen, the insurer shall refund the pro rata unearned portion, if any, of any prepaid premiums. Premiums shall be considered "earned" as provided in section 431:10C-109. [L 1987, c 347, pt of §2; am L 1989, c 195, §33; am L Sp 1993, c 4, §3; am L 1997, c 251, §22; am L 2004, c 122, §40 and c 124, §1] Case Notes  As this section applied to insured's Hawaii joint underwriting plan insurance policy such that insurer could not have canceled insured's policy unless it complied with the provisions of this section, insurer's failure to do so rendered its cancellation invalid. 105 H. 445, 99 P.3d 96 (2004).
HI Rev Stat § 431:10C-111.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-111.5 Limit on nonrenewals and conditional renewals.

  §431:10C-111.5 Limit on nonrenewals and conditional renewals. (a) The total number (rounded to the nearest whole number) of notices of intention not to renew a motor vehicle insurance policy, and of notices of intention to condition renewal upon reduction of limits of any coverage, which an insurer may issue, shall be limited for each calendar year to two per cent of the total number of covered policies of the insurer in force at last year-end in each of the insurer's rating territories in use in this State that have completed their required policy periods. However, the insurer may non-renew or conditionally renew one policy in any of the insurer's rating territories in use in this State if the applicable percentage limitation results in less than one policy. Cancellations, notices of intention not to renew, and notice of intention to conditionally renew made pursuant to section 431:10C-111(a)(1) and (a)(2), and section [431:10C-111(d)] shall be independent of and in addition to those permitted under this subsection.  (b) For every two new motor vehicle insurance policies that the insurer voluntarily writes in each rating territory, the insurer shall be permitted to non-renew or conditionally renew one additional motor vehicle insurance policy in that territory in excess of the two per cent limit established in subsection (a), subject to a fair and nondiscriminatory formula developed by the commissioner that shall consider the number of motor vehicle insurance policies written less cancellations initiated by the insurer within the first sixty days of the policy period. [L Sp 1993, c 4, §1; am L 1998, c 275, §8]
HI Rev Stat § 431:10C-112 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-112 Notice of cancellation or nonrenewal; effect on term of coverage.

  §431:10C-112 Notice of cancellation or nonrenewal; effect on term of coverage. (a) In the case of cancellation or nonrenewal of a motor vehicle insurance policy by the insurer, the insurer shall mail a written notice of prospective cancellation or nonrenewal to the insured not fewer than thirty days prior to the effective date of the cancellation or nonrenewal. The insurer shall continue all motor vehicle insurance and optional additional coverages in force for thirty days following the mailing; provided that in the case of cancellation for the nonpayment of premiums the insurer shall:  (1) Mail a written notice of prospective cancellation to the insured not fewer than twenty days prior to the effective date of the cancellation; and  (2) Continue all motor vehicle insurance and optional additional coverages in force for twenty days following the mailing.  Cancellation or nonrenewal shall not be deemed valid unless the mailing required by this section is supported by a certificate of mailing properly validated by the United States Postal Service.  (b) If the insurer has manifested in writing an offer to renew to the named insured at least thirty days prior to the end of the policy period and the offer is not accepted before the expiration of the policy term, the policy shall lapse upon that expiration date and section 431:10C-111 shall not apply. Notwithstanding other valid methods of acceptance, an offer shall be deemed accepted as of the date of mailing of the acceptance. The date of mailing may be evidenced by the postmark or a certificate of mailing properly validated by the United States Postal Service. [L 1987, c 347, pt of §2; am L 2004, c 124, §2]
HI Rev Stat § 431:10C-112.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-112.5 Notice of cancellation for insurer ceasing to issue motor vehicle insurance policies. Any insurer authorized to issue motor vehicle insurance policies, which ceases to engage in the motor vehicle insurance business in this State, shall give written notice to each insured not less than sixty days prior to the effective date of closing its business. [L 1992, c 123, pt of §1; am L 1997, c 251, §23]

  §431:10C-112.5 Notice of cancellation for insurer ceasing to issue motor vehicle insurance policies. Any insurer authorized to issue motor vehicle insurance policies, which ceases to engage in the motor vehicle insurance business in this State, shall give written notice to each insured not less than sixty days prior to the effective date of closing its business. [L 1992, c 123, pt of §1; am L 1997, c 251, §23]
HI Rev Stat § 431:10C-113 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-113 Violation of rejection, cancellation and nonrenewal provisions.

  §431:10C-113 Violation of rejection, cancellation and nonrenewal provisions. (a) Whoever knowingly violates, or conspires to violate, the provisions of section 431:10C-110 and section 431:10C-111 shall be assessed a civil penalty in an amount not to exceed $1,000 for each separate violation. Each violation of section 431:10C-110 with respect to a policyholder or applicant for insurance shall constitute a separate violation.  (b) The principles of law and equity regarding fraud and misrepresentation of material fact shall apply with respect to optional-additional coverages which are in excess of those which the insurer is required to make available to insureds under section 431:10C-302. [L 1987, c 347, pt of §2] Cross References  Insurance fraud, see § §431:2-401 to 431:2-410.
HI Rev Stat § 431:10C-114 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-114 Insured's obligations upon termination of insurance.

  §431:10C-114 Insured's obligations upon termination of insurance. An owner of a motor vehicle registered in this State who fails to maintain insurance as required by section 431:10C-104 shall:  (1) Immediately surrender the registration certificate and license plates for the vehicle to the county director of finance; and  (2) Not operate or permit operation of the vehicle in this State until insurance has again been obtained. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10C-115 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-115 Drivers education fund underwriters fee.

  §431:10C-115  Drivers education fund underwriters fee. (a) The commissioner shall assess and levy upon each insurer, and self-insurer, a drivers education fund underwriters fee of $3 a year on each motor vehicle insured by each insurer or self-insurer. This fee is due and payable on an annual basis by means and at a time to be determined by the commissioner.  (b) The commissioner shall deposit the fees into a special drivers education fund account.  (c) The commissioner shall allocate the fees deposited for each fiscal year in the following manner:  (1) $1 per registration to the commissioner to be expended for the operation of the drivers education program provided in section 286-128(d); and  (2) $2 per registration to the director of commerce and consumer affairs for:  (A) The drivers education program administered by the department of education for high school students; and  (B) The traffic safety education program established and administered by the department of education pursuant to section 302A-417.  (d) Motor vehicles insured under the joint underwriting plan shall be excluded from the drivers education fund assessment.  (e) The commissioner shall adopt rules in accordance with chapter 91 for the execution of this section and the distribution of this fund. [L 1987, c 347, pt of §2; am L 1989, c 208, §3; am L 1992, c 254, §3; am L 1993, c 280, §27; am L 1995, c 204, §2; am L 1996, c 89, §15 and c 243, §1; am L 1997, c 368, §6; am L 2000, c 24, §7; am L 2002, c 242, §1]
HI Rev Stat § 431:10C-115.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-115.5 REPEALED.

  §431:10C-115.5 REPEALED. L 1999, c 163, §21.
HI Rev Stat § 431:10C-115.6 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-115.6 Disclosure of personal injury protection limits and payments. Every insurer shall advise every person entitled to personal injury protection benefits, as defined in section 431:10C-103.5(a), of the maximum amount of personal injury protection benefits available under the policy within thirty days of receiving an initial notice, claim, or application for personal injury protection benefits. The disclosure of personal injury protection policy limits shall include a description of the nature of personal injury protection benefits, matters covered by personal injury protection benefits, and the procedure for submitting personal injury protection claims. [L 1992, c 123, pt of §1; am L 1997, c 251, §25]

 §431:10C-115.6 Disclosure of personal injury protection limits and payments. Every insurer shall advise every person entitled to personal injury protection benefits, as defined in section 431:10C-103.5(a), of the maximum amount of personal injury protection benefits available under the policy within thirty days of receiving an initial notice, claim, or application for personal injury protection benefits. The disclosure of personal injury protection policy limits shall include a description of the nature of personal injury protection benefits, matters covered by personal injury protection benefits, and the procedure for submitting personal injury protection claims. [L 1992, c 123, pt of §1; am L 1997, c 251, §25]
HI Rev Stat § 431:10C-115.7 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-115.7 Plain language billings. A bill for a new and renewal policy or a notification included with the bill for the payment of premiums shall clearly identify each coverage in the policy, with the price of each coverage specified. [L 1997, c 251, pt of §2]

  §431:10C-115.7 Plain language billings. A bill for a new and renewal policy or a notification included with the bill for the payment of premiums shall clearly identify each coverage in the policy, with the price of each coverage specified. [L 1997, c 251, pt of §2]
HI Rev Stat § 431:10C-116 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-116 Challenges to motor vehicle insurance law; intervention by attorney general.

  §431:10C-116 Challenges to motor vehicle insurance law; intervention by attorney general. At the request of the commissioner, the attorney general shall intervene in any case before any appellate court in this State in which the constitutionality or validity of this article or any part thereof is at issue, and may appeal to the United States Supreme Court, if necessary, to obtain a final determination of any case. [L 1987, c 347, pt of §2; am L 1997, c 251, §26]
HI Rev Stat § 431:10C-117.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-117.5 Additional civil liability.

  §431:10C-117.5 Additional civil liability. An insurer whose insured causes death or injury to another person, and that is not entitled to the reduction provided in section 431:10C-301.5, shall be entitled to recover the amount of the covered loss deductible that would have applied from the insured whose conduct resulted in inapplicability of the covered loss deductible. [L 2000, c 70, §1]
HI Rev Stat § 431:10C-118 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-118 Fee in lieu of fine; defense.

  §431:10C-118 Fee in lieu of fine; defense. (a) Any person bringing an action in tort under this article who was uninsured at the time of the accident shall pay a fee of $1,000 in lieu of any fine which could have been levied as a criminal penalty for failing to obtain the motor vehicle insurance coverage required by this article.  (b) The fee required under subsection (a) shall be paid by the person directly, or deducted from any settlement or verdict received, or both.  (c) No person shall be required to pay the fee in subsection (a) if the person can show proof of having been convicted in a prior criminal proceeding for failing to have motor vehicle insurance coverage on the date of the accident which is the subject of the tort action. [L 1987, c 347, pt of §2; am L 1997, c 251, §28]
HI Rev Stat § 431:10C-120 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-120 Prohibitions, penalty.

  §431:10C-120 Prohibitions, penalty. (a) No insurer shall issue or offer to issue any policy which the insurer represents is a motor vehicle insurance policy unless such insurer meets the requirements of this article.  (b) Any insurer, any producer, or any representative of an insurer who violates subsection (a) shall be subject to section 431:10C-117. [L 1987, c 347, pt of §2; am L 1989, c 195, §34; am L 1997, c 251, §30; am L 1998, c 275, §11; am L 2001, c 216, §19]
HI Rev Stat § 431:10C-121 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-121 Severability.

  §431:10C-121 Severability. (a) Except as provided in subsection (b), if any provision of this article or its application to any person or circumstance is held unconstitutional, the remainder of this article and the application of such provision to other persons or circumstances shall not be affected thereby. It shall be conclusively presumed that the legislature would have enacted the remainder of the article without such invalid or unconstitutional provision.  (b) In the event section 431:10C-306(a) to (d) is held constitutionally invalid, then it is the intent of the legislature that the following sections only shall be voided:  (1) 431:10C-104;  (2) 431:10C-105;  (3) 431:10C-120;  (4) 431:10C-303;  (5) 431:10C-304; and  (6) 431:10C-305. It shall be conclusively presumed that the legislature would have enacted the remainder of this article without such invalid or unconstitutional provision. [L 1987, c 347, pt of §2; am L 1989, c 195, §35; am L 1997, c 251, §31]
HI Rev Stat § 431:10C-122 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-122 Payment of general excise tax and certificate of ownership fee on third-party claims.

 §431:10C-122 Payment of general excise tax and certificate of ownership fee on third-party claims. (a) When a motor vehicle insurer settles a total loss motor vehicle damage liability claim with a third-party claimant, the insurer shall pay the applicable general excise tax and certificate of ownership fee, subject to section 663-31; provided that if the third-party claimant cannot substantiate the purchase and the payment of the general excise tax and certificate of ownership fee by submitting to the insurer appropriate documentation within thirty-three days after the receipt of settlement, the insurer shall not be required to reimburse the third-party claimant for the tax or fee.  (b) In lieu of the procedure in subsection (a), the insurer may directly pay the required general excise tax and certificate of ownership fee to the third-party claimant at the time of settlement.  (c) An insurer's obligation to reimburse a third-party claimant for the applicable general excise tax and certificate of ownership fee as set forth in this section shall be subject to the property damage liability limit of the policy. [L 2017, c 152, §1]
HI Rev Stat § 431:10C-201 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-201 Motor vehicle insurance rates generally.

  §431:10C-201 Motor vehicle insurance rates generally. Except as expressly provided in this part, all premium rates for motor vehicle insurance shall comply with the provisions of the rating law contained in article 14. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10C-202 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-202 Making of motor vehicle insurance rates.

  §431:10C-202 Making of motor vehicle insurance rates. All premium rates for motor vehicle insurance shall be made in accordance with article 14 and the following provisions:  (1) Notwithstanding any other law to the contrary, no insurer shall agree, combine, or conspire with any other private insurer or enter into, become a member of, or participate in any understanding, pool, or trust, to fix, control, or maintain, directly or indirectly, motor vehicle insurance rates. Any violation of this section shall subject the insurer and each of its officers and employees involved to the penalties of chapter 480 without benefit of any exemption otherwise permitted by section 480-11; provided that this paragraph shall not apply to advisory organizations referred to in section 431:14-111 which are not involved in ratemaking under this article.  (2) Notwithstanding any provision in this section to the contrary, the plans and rates for any surcharge or credit included by an insurer as part of the proposed rate filing shall be separately identified. Only reasonable surcharges approved by the commissioner shall be used; provided that no surcharge for the failure to maintain motor vehicle insurance shall be approved by the commissioner unless the insured has previously been convicted of driving without insurance within the preceding three years. Credits shall be deemed reasonable if there is no objection by the commissioner. Insurers shall furnish the prospective insured with a written explanation, in easily understandable language, clearly describing the reason for the surcharge or credit and how the amount of the surcharge or credit is determined. [L 1987, c 347, pt of §2 as superseded by c 349, §7; am L 1990, c 159, §2 and c 218, §2; am L 1992, c 123, §3 and c 124, §3; am L 1997, c 251, §32]
HI Rev Stat § 431:10C-202.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-202.5 Immediate rate freeze; rate reduction; relief.

  §431:10C-202.5 Immediate rate freeze; rate reduction; relief. (a) No insurer may increase motor vehicle insurance rates between June 3, 1992, and December 31, 1993.  (b) Commencing on January 1, 1993, all authorized insurers transacting motor vehicle insurance in this State shall implement a fifteen per cent rate reduction from the rates on file with the commissioner for all motor vehicle insurance policies in effect on March 1, 1992, and for each new and renewal policy issued thereafter. The reduced rate shall continue to apply to each new and renewal policy for a period of one year.  (c) There shall be no exception to the requirements of this section unless the commissioner, pursuant to an insurer's petition, finds that those requirements will result in imminent danger of insolvency of the insurer. An insurer who contends that a rate required by this section will result in imminent danger of insolvency of the insurer shall designate in its petition the rate it contends is appropriate and shall state with specificity the factors and data upon which it relies. The insurer shall be permitted to use all generally accepted actuarial techniques in filing any petition pursuant to this subsection. The insurer shall have the burden of proof to actuarially justify any rate increase from those provided for in subsections (a) and (b) and shall furnish all information, facts, and data requested by the commissioner reviewing any rate request.  (d) Effective January 1, 1994, all insurers shall include data on the impact of the provisions of Acts 123 and 124, Session Laws of Hawaii 1992, on all requested rate adjustments. The commissioner shall not approve any rate adjustments that do not contain a statement of the impact of the provisions of Acts 123 and 124, Session Laws of Hawaii 1992, the method used in calculating such impact, and the data used to determine such impact. [L 1992, c 123, pt of §1, §9 and c 124, pt of §1] Revision Note  In subsection (a), "June 3, 1992," substituted for "the effective date of this Act" pursuant to §23G-15.  In subsection (d), reference to Act 124 added pursuant to §23G-15.
HI Rev Stat § 431:10C-203 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-203 Rate filings.

  §431:10C-203 Rate filings. The commissioner may accept from an advisory organization basic standards, manuals of classification, territories, endorsements, forms, and other materials, not dealing with rates, for reference filings by insurers. [L 1987, c 347, pt of §2 as superseded by c 348, §17; am L 1989, c 207, §13; am L 1992, c 124, §4]
HI Rev Stat § 431:10C-204 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-204 REPEALED.

  §431:10C-204 REPEALED. L 1992, c 124, §13.