reglab/housing_qa huggingface dataset:
HI Rev Stat § 431C-11 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431C. Life Settlements|431C-11 Examination.

 §431C-11 Examination. (a) The commissioner may, when the commissioner deems it reasonably necessary to protect the interests of the public, examine the business and affairs of any licensee or applicant for a license. The commissioner may order any licensee or applicant to produce any records, books, files or other information reasonably necessary to ascertain whether such licensee or applicant is acting or has acted in violation of the law or otherwise contrary to the interests of the public. The expenses incurred in conducting any examination shall be paid by the licensee or applicant.  (b) In lieu of an examination under this chapter of any foreign or alien licensee licensed in this State, the commissioner may, at the commissioner's discretion, accept an examination report on the licensee as prepared by the commissioner or the chief insurance regulatory official for the licensee's state of domicile or port-of-entry state.  (c) Records of all consummated transactions and life settlement contracts shall be maintained by the provider for three years after the death of the insured and shall be available to the commissioner for inspection during reasonable business hours. [L 2012, c 256, pt of §1]
HI Rev Stat § 431C-13 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431C. Life Settlements|431C-13 Examination reports.

  §431C-13 Examination reports. (a) Examination reports shall be comprised of only facts appearing upon the books, from the testimony of its officers, directors, employees, or agents or other persons examined concerning its affairs, and such conclusions and recommendations as the examiners find reasonably warranted from the facts.  (b) No later than sixty days following completion of the examination, the examiner in charge shall file with the commissioner a verified written report of examination under oath. Upon receipt of the verified report, the commissioner shall transmit the report to the licensee examined, together with a notice that shall afford the licensee examined a reasonable opportunity of not more than thirty days to make a written submission or rebuttal with respect to any matters contained in the examination report and which shall become part of the report or to request a hearing on any matter in dispute.  (c) In the event the commissioner determines that regulatory action is appropriate as a result of an examination, the commissioner may initiate any proceedings or actions provided by law. [L 2012, c 256, pt of §1]
HI Rev Stat § 431C-14 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431C. Life Settlements|431C-14 Confidentiality of examination information.

  §431C-14 Confidentiality of examination information. (a) Names and individual identification data for all owners, purchasers, and insureds shall be considered private and confidential information and shall not be disclosed by the commissioner, unless the disclosure is to another regulator or is required by law.  (b) Except as otherwise provided in this chapter, all examination reports, working papers, recorded information, documents and copies thereof produced by, obtained by, or disclosed to the commissioner or any other person in the course of an examination made under this chapter, or in the course of analysis or investigation by the commissioner of the financial condition or market conduct of a licensee, shall be confidential by law and privileged, shall not be subject to chapter 92F, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. The commissioner is authorized to use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as part of the commissioner's official duties. The licensee being examined may have access to all documents used to make the report. [L 2012, c 256, pt of §1]
HI Rev Stat § 431C-15 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431C. Life Settlements|431C-15 Examiner; conflict of interest.

  §431C-15 Examiner; conflict of interest. (a) An examiner shall not be appointed by the commissioner if the examiner, either directly or indirectly, has a conflict of interest or is affiliated with the management of or owns a pecuniary interest in any person subject to examination under this chapter. This section shall not be construed to automatically preclude an examiner from being:  (1) An owner;  (2) An insured in a policy or life settlement contract; or  (3) A beneficiary in a policy that is proposed for a life settlement contract.  (b) Notwithstanding the requirements of this section, the commissioner may retain from time to time, on an individual basis, qualified actuaries, certified public accountants, or other similar individuals who are independently practicing their professions, even though these persons may from time to time be similarly employed or retained by persons subject to examination under this chapter. [L 2012, c 256, pt of §1]
HI Rev Stat § 431C-16 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431C. Life Settlements|431C-16 Immunity from liability.

  §431C-16 Immunity from liability. (a) No cause of action shall arise nor shall any liability be imposed against the commissioner, the commissioner's authorized representatives, or any examiner appointed by the commissioner for any statements made or conduct performed in good faith while carrying out the provisions of this chapter.  (b) No cause of action shall arise, nor shall any liability be imposed against any person for the act of communicating or delivering information or data to the commissioner or the commissioner's authorized representative or examiner pursuant to an examination made under this chapter, if the act of communication or delivery was performed in good faith and without fraudulent intent or the intent to deceive. This subsection does not abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by any person identified in subsection (a).  (c) A person identified in subsection (a) or (b) shall be entitled to an award of attorney's fees and costs if the person is the prevailing party in a civil cause of action for libel, slander, or any other relevant tort arising out of activities in carrying out the provisions of this chapter and the party bringing the action was not substantially justified in doing so. For purposes of this section, a proceeding is "substantially justified" if it had a reasonable basis in law or fact at the time that it was initiated. [L 2012, c 256, pt of §1]
HI Rev Stat § 431C-17 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431C. Life Settlements|431C-17 Investigative authority of the commissioner.

  §431C-17 Investigative authority of the commissioner. The commissioner may investigate suspected fraudulent life settlement acts and persons engaged in the business of life settlements. [L 2012, c 256, pt of §1]
HI Rev Stat § 431C-21 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431C. Life Settlements|431C-21 Advertising.

 §431C-21 Advertising. (a) A broker or provider licensed pursuant to this chapter may conduct or participate in advertisements within this State. Such advertisements shall comply with all advertising and marketing laws or rules adopted by the commissioner that are applicable to life insurers or to brokers and providers licensed pursuant to this chapter.  (b) Advertisements shall be accurate, truthful, and not misleading in fact or by implication.  (c) No person or trust shall:  (1) Directly or indirectly market, advertise, solicit, or otherwise promote the purchase of a policy for the sole purpose of or with an emphasis on settling the policy; or  (2) Use the words "free", "no cost", or words of similar import in the marketing, advertising, soliciting, or otherwise promoting of the purchase of a policy. [L 2012, c 256, pt of §1]
HI Rev Stat § 431C-32 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431C. Life Settlements|431C-32 Disclosure to insurer.

  §431C-32 Disclosure to insurer. (a) Without limiting the ability of an insurer from assessing the insurability of a policy applicant and determining whether or not to issue the policy, and in addition to other questions an insurance carrier may lawfully pose to a life insurance applicant, insurance carriers may inquire in the application for insurance whether the proposed owner intends to pay premiums with the assistance of financing from a lender that will use the policy as collateral to support the financing.  (b) If, as described in subsection (a)(3) of the definition of "life settlement contract" in section 431C-2, a loan provides funds that can be used for a purpose other than paying for the premiums, costs, and expenses associated with obtaining and maintaining the policy and loan, the application shall be rejected as a violation of the prohibited practices in section 431C-41.  (c) If the financing does not violate section 431C-41 in this manner, the insurance carrier:  (1) May make disclosures to the applicant and the insured, either on the application or an amendment to the application to be completed no later than the delivery of the policy, including the following:  "If you have entered into a loan arrangement where the policy is used as collateral, and the policy does change ownership at some point in the future in satisfaction of the loan, the following may be true:  (1) A change of ownership could lead to a stranger owning an interest in the insured's life;  (2) A change of ownership could in the future limit your ability to purchase future insurance on the insured's life because there is a limit to how much coverage insurers will issue on one life;  (3) Should there be a change of ownership and you wish to obtain more insurance coverage on the insured's life in the future, the insured's higher issue age, a change in health status, and/or other factors may reduce the ability to obtain coverage and/or may result in significantly higher premiums;   (4) You should consult a professional advisor, since a change in ownership in satisfaction of the loan may result in tax consequences to the owner, depending on the structure of the loan"; and  (2) May require certifications, such as the following, from the applicant or the insured:  "(1) I have not entered into any agreement or arrangement providing for the future sale of this life insurance policy;  (2) My loan arrangement for this policy provides funds sufficient to pay for some or all of the premiums, costs, and expenses associated with obtaining and maintaining my life insurance policy, but I have not entered into any agreement by which I am to receive consideration in exchange for procuring this policy; and  (3) The borrower has an insurable interest in the insured." [L 2012, c 256, pt of §1]
HI Rev Stat § 431C-34 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431C. Life Settlements|431C-34 Buyer's guide.

  §431C-34 Buyer's guide. The commissioner by rule shall require delivery of a buyer's guide or a similar consumer advisory package to owners during the process of soliciting a life settlement contract. [L 2012, c 256, pt of §1]
HI Rev Stat § 431C-43 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431C. Life Settlements|431C-43 Fraud warning required.

  §431C-43 Fraud warning required. (a) Life settlement contracts and applications for life settlement contracts, regardless of the form of transmission, shall contain the following statement or a substantially similar statement: "Any person who knowingly presents false information in an application for insurance or life settlement contract is guilty of a crime and may be subject to fines and confinement in prison."  (b) The lack of a statement as required in subsection (a) shall not constitute a defense in any prosecution for a fraudulent life settlement act. [L 2012, c 256, pt of §1]
HI Rev Stat § 431C-44 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431C. Life Settlements|431C-44 Mandatory reporting of fraudulent life settlement acts.

  §431C-44 Mandatory reporting of fraudulent life settlement acts. (a) Any person engaged in the business of life settlements having knowledge or a reasonable belief that a fraudulent life settlement act is being, will be, or has been committed shall provide to the commissioner the information required by, and in a manner prescribed by, the commissioner.  (b) Any other person having knowledge or a reasonable belief that a fraudulent life settlement act is being, will be, or has been committed may provide to the commissioner the information required by, and in a manner prescribed by, the commissioner. [L 2012, c 256, pt of §1]
HI Rev Stat § 431C-45 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431C. Life Settlements|431C-45 Immunity from liability.

  §431C-45 Immunity from liability. (a) No civil liability shall be imposed on and no cause of action shall arise from a person's furnishing information concerning suspected, anticipated, or completed fraudulent life settlement acts or suspected or completed fraudulent insurance acts, if the information is provided to or received from:  (1) The commissioner or the commissioner's employees, agents, or representatives;  (2) Federal, state, or local law enforcement or regulatory officials or their employees, agents, or representatives;  (3) A person involved in the prevention and detection of fraudulent life settlement acts or that person's agents, employees, or representatives;  (4) Any regulatory body or their employees, agents, or representatives, overseeing life insurance, life settlements, securities, or investment fraud;  (5) The life insurer that issued the policy covering the life of the insured; or  (6) The licensee and any agents, employees, or representatives.  (b) Subsection (a) shall not apply to statements made with actual malice. In an action brought against a person for filing a report or furnishing other information concerning a fraudulent life settlement act or a fraudulent insurance act, the party bringing the action shall plead specifically any allegation that subsection (a) does not apply because the person filing the report or furnishing the information did so with actual malice.  (c) A person identified in subsection (a) shall be entitled to an award of attorney's fees and costs if the person is the prevailing party in a civil cause of action for libel, slander, or any other relevant tort arising out of activities in carrying out the provisions of this chapter and the party bringing the action was not substantially justified in doing so. For purposes of this section, a proceeding is "substantially justified" if it had a reasonable basis in law or fact at the time that it was initiated.  (d) This section does not abrogate or modify common law or statutory privileges or immunities enjoyed by a person identified in subsection (a). [L 2012, c 256, pt of §1]
HI Rev Stat § 431C-46 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431C. Life Settlements|431C-46 Confidentiality.

  §431C-46 Confidentiality. (a) The documents and evidence provided pursuant to section 431C-45 or obtained by the commissioner in an investigation of suspected or actual fraudulent life settlement acts shall be privileged and confidential and shall not be a public record and shall not be subject to discovery or subpoena in a civil or criminal action.  (b) Subsection (a) does not prohibit release by the commissioner of documents and evidence obtained in an investigation of suspected or actual fraudulent life settlement acts:  (1) In administrative or judicial proceedings to enforce laws administered by the commissioner;  (2) To federal, state, or local law enforcement or regulatory agencies, to an organization established for the purpose of detecting and preventing fraudulent life settlement acts, or to the National Association of Insurance Commissioners; or  (3) At the discretion of the commissioner, to a person in the business of life settlements that is aggrieved by a fraudulent life settlement act.  (c) Release of documents and evidence under subsection (b) does not abrogate or modify the privilege granted in subsection (a). [L 2012, c 256, pt of §1]
HI Rev Stat § 431C-47 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431C. Life Settlements|431C-47 Other law enforcement or regulatory authority.

  §431C-47 Other law enforcement or regulatory authority. This chapter shall not:  (1) Preempt the authority or relieve the duty of other law enforcement or regulatory agencies to investigate, examine, and prosecute suspected violations of law;  (2) Preempt, supersede, or limit any provision of any state securities law or any rule, order, or notice issued thereunder;  (3) Prevent or prohibit a person from voluntarily disclosing information concerning life settlement fraud to a law enforcement or regulatory agency other than the insurance division; or  (4) Limit the powers granted elsewhere by the laws of this State to the commissioner or the insurance fraud investigations unit to investigate and examine possible violations of law and to take appropriate action against wrongdoers. [L 2012, c 256, pt of §1]
HI Rev Stat § 431C-48 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431C. Life Settlements|431C-48 Life settlement anti-fraud initiatives.

  §431C-48 Life settlement anti-fraud initiatives. (a) Providers and brokers shall have in place anti-fraud initiatives reasonably calculated to detect, prosecute, and prevent fraudulent life settlement acts. At the discretion of the commissioner, the commissioner may order, or a licensee may request and the commissioner may grant, such modifications of the following required initiatives as necessary to ensure an effective anti-fraud program. The modifications may be more or less restrictive than the required initiatives so long as the modifications may reasonably be expected to accomplish the purpose of this section. Anti-fraud initiatives shall include:  (1) Fraud investigators, who may be provider or broker employees or independent contractors; and  (2) An anti-fraud plan that shall be submitted to the commissioner. The anti-fraud plan shall include but not be limited to:  (A) A description of the procedures for detecting and investigating possible fraudulent life settlement acts and procedures for resolving material inconsistencies between medical records and insurance applications;  (B) A description of the procedures for reporting possible fraudulent life settlement acts to the commissioner;  (C) A description of the plan for anti-fraud education and training of underwriters and other personnel; and  (D) A description or chart outlining the organizational arrangement of the anti-fraud personnel who are responsible for the investigation and reporting of possible fraudulent life settlement acts and investigating unresolved material inconsistencies between medical records and insurance applications.  (b) Anti-fraud plans submitted to the commissioner shall be privileged and confidential and shall not be a public record and shall not be subject to discovery or subpoena in a civil or criminal action. [L 2012, c 256, pt of §1]
HI Rev Stat § 431C-49 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431C. Life Settlements|431C-49 Injunctions; civil remedies; cease and desist.

  §431C-49 Injunctions; civil remedies; cease and desist. (a) In addition to the penalties and other enforcement provisions of this chapter, if any person violates this chapter or any rule implementing this chapter, the commissioner may seek an injunction in a court of competent jurisdiction in the county in which the person resides or has a principal place of business and may apply for temporary and permanent orders that the commissioner determines necessary to restrain the person from further committing the violation.  (b) Any person damaged by the acts of another person in violation of this chapter or any rule implementing this chapter, may bring a civil action for damages against the person committing the violation in a court of competent jurisdiction.  (c) The commissioner may issue a cease and desist order upon a person who violates any provision of this chapter, any rule or order adopted by the commissioner, or any written agreement entered into with the commissioner, in accordance with chapter 91.  (d) When the commissioner finds that such an action presents an immediate danger to the public and requires an immediate final order, the commissioner may issue an emergency cease and desist order reciting with particularity the facts underlying such findings. The emergency cease and desist order shall be effective immediately upon service of a copy of the order on the respondent and shall remain effective for ninety days. If the commissioner begins non-emergency cease and desist proceedings under subsection (a), the emergency cease and desist order shall remain effective, absent an order by an appellate court of competent jurisdiction pursuant to chapter 91. In the event of a wilful violation of this chapter, the trial court may award statutory damages in addition to actual damages in an additional amount up to three times the actual damage award. The provisions of this chapter may not be waived by agreement. No choice of law provision may be used to prevent the application of this chapter to any life settlement contract in which a party to the settlement is a resident of this State. [L 2012, c 256, pt of §1]
HI Rev Stat § 431C-50 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431C. Life Settlements|431C-50 Penalties.

  §431C-50 Penalties. (a) The commissioner may levy a civil penalty not exceeding $10,000 and the amount of the claim for each violation upon any person, including those persons and their employees licensed pursuant to this chapter, who is found to have committed a fraudulent life settlement act or violated any other provision of this chapter.  (b) The license of a person licensed under this chapter who commits a fraudulent life settlement act shall be revoked for a period of at least one year.  (c) The penalties under this chapter are cumulative and may be imposed in addition to any other penalties authorized by law. [L 2012, c 256, pt of §1]
HI Rev Stat § 431C-51 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431C. Life Settlements|431C-51 Unfair trade practices.

  §431C-51 Unfair trade practices. A violation of this chapter shall be considered an unfair trade practice pursuant to section 480-2 and subject to the penalties under chapter 480. [L 2012, c 256, pt of §1]