reglab/housing_qa huggingface dataset:
HI Rev Stat § 431:9C-101 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9C-101 Definitions.

 §431:9C-101 Definitions. For purposes of this article:  "Actuary" means a person who is a member in good standing of the American Academy of Actuaries.  "Insurer" means any person, firm, association, or corporation duly licensed in this State as an insurance company pursuant to section 431:3-201.  "Managing general agent" means any person, firm, association, or corporation that manages all or part of the insurance business of an insurer including the management of a separate division, department, or underwriting office and acts as an agent for the insurer regardless of whether the person, firm, association, or corporation is known as a managing general agent, manager, or similar term and who, with or without the authority, either separately or together with affiliates, produces, directly or indirectly, and underwrites an amount of gross direct written premium equal to or more than five per cent of the policyholder surplus as reported in the last annual statement of the insurer in any one quarter or year and adjusts or pays claims in excess of $10,000 or negotiates reinsurance on behalf of the insurer. Notwithstanding the specified requirements, the following persons shall not be considered managing general agents for purposes of this article:  (1) An employee of the insurer;  (2) A United States manager of the United States branch of an alien insurer;  (3) An underwriting manager who, pursuant to contract, manages all the insurance operations of the insurer, is under common control with the insurer subject to article 11, and whose compensation is not based on the volume of premiums written;  (4) The attorney-in-fact authorized by and acting for the subscribers of a reciprocal insurer or inter-insurance exchange under a power of attorney; and  (5) Any person, firm, association, or corporation domiciled in the State, authorized to do business only in the State, and acting as a managing general agent for an insurer licensed and conducting business only in the State.  "Producer" has the same meaning as in section 431:9A-102.  "Underwrite" means the authority to accept or reject risk on behalf of the insurer. [L 2002, c 155, pt of §2; am L 2010, c 116, §1(9); am L 2011, c 81, §6]
HI Rev Stat § 431:9C-102 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9C-102 Licensure.

  §431:9C-102 Licensure. (a) No person, firm, association, or corporation shall act as a managing general agent, with respect to risks located in this State for an insurer licensed in this State, unless licensed as a producer in this State.  (b) No person, firm, association, or corporation shall act as a managing general agent representing an insurer domiciled in this State with respect to risks located outside this State unless licensed as a producer in this State. [L 2002, c 155, pt of §2; am L 2003, c 212, §70; am L 2006, c 189, §7; am L 2010, c 116, §1(10)]
HI Rev Stat § 431:9C-104 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9C-104 Duties of insurers.

  §431:9C-104 Duties of insurers. (a) An insurer shall have on file an independent financial examination in a form acceptable to the commissioner of each managing general agent with whom it has done business.  (b) If a managing general agent establishes loss reserves, the insurer shall annually obtain the opinion of an independent actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the managing general agent. The opinion required by this subsection shall be in addition to any other required loss reserve certification required by this chapter.  (c) The insurer shall conduct at least semiannually an on-site review of the underwriting and claims processing operations of the managing general agent.  (d) Binding authority for all reinsurance contracts or participation in insurance or reinsurance syndicates shall rest with an officer of the insurer, who shall not be affiliated with the managing general agent.  (e) The insurer shall notify the commissioner in writing within thirty days of entering into or terminating a contract with a managing general agent. Notice of the appointment of a managing general agent shall include a statement of the duties that the managing general agent is expected to perform on behalf of the insurer, the lines of insurance for which the managing general agent shall be authorized to act, and any other information the commissioner may require.  (f) An insurer shall review its books and records each quarter to determine if any producer has become a managing general agent of the insurer. If the insurer determines that a producer has become a managing general agent of the insurer, the insurer shall promptly notify the producer and the commissioner and the insurer and producer shall both fully comply with this article within thirty days.  (g) An insurer shall not appoint to its board of directors an officer, director, employee, subagent, or controlling shareholder of any of its managing general agents; provided that this subsection shall not apply to relationships governed by article 11.  (h) The insurer shall keep the bond and the errors and omissions policy required by section 431:9C-103 on file for review by the commissioner or other applicable regulatory agency. [L 2002, c 155, pt of §2; am L 2010, c 116, §1(12)]
HI Rev Stat § 431:9C-105 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9C-105 Examination authority.

 §431:9C-105 Examination authority. The acts of the managing general agent are considered to be the acts of the insurer on whose behalf it is acting. A managing general agent may be examined pursuant to article 2 as if the managing general agent was the insurer. [L 2002, c 155, pt of §2]
HI Rev Stat § 431:9C-106 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9C-106 Penalties and liabilities.

 §431:9C-106 Penalties and liabilities. (a) If after a hearing conducted in accordance with section 431:2-308 and chapter 91, the commissioner finds that any person has violated any provision of this article, the commissioner may order any or all of the following:  (1) For each separate violation, a fine in an amount not less than $500 and not more than $50,000, pursuant to section 431:3-221;  (2) Revocation or suspension of the managing general agent's license; and  (3) The managing general agent to reimburse the insurer or the rehabilitator or liquidator of the insurer for any losses incurred by the insurer caused by a violation of this chapter by the managing general agent.  (b) Nothing contained in this section shall affect the right of the commissioner to impose any other penalties as provided by law.  (c) Nothing contained in this article is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, and auditors. [L 2002, c 155, pt of §2]
HI Rev Stat § 431:9C-107 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9C-107 Rules.

 §431:9C-107 Rules. The commissioner may adopt rules in accordance with chapter 91 to effectuate the purposes of this article. [L 2002, c 155, pt of §2]
HI Rev Stat § 431:9J-102 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9J-102 License required; application.

  §431:9J-102 License required; application. (a) No person shall act as or hold out to be an administrator in this State without a license as an administrator issued by the commissioner.  (b) An administrator shall apply to the commissioner on a form prescribed by the commissioner and shall include the following:  (1) A nonrefundable fee as set forth in section 431:7-101;  (2) All basic organizational documents of the administrator, including any articles of incorporation, articles of association, partnership agreement, trade name certificate, trust agreement, shareholder agreement, and other applicable documents and all amendments to the documents;  (3) The bylaws, rules, regulations, or similar documents regulating the internal affairs of the administrator;  (4) The names, addresses, official positions, and professional qualifications of the individuals responsible for the conduct of affairs of the administrator, including but not limited to all members of the board of directors, board of trustees, executive committee, or other governing board or committee, the principal officers in the case of a corporation, or the partners in the case of a partnership;  (5) Annual financial statements for the two most recent years that prove the applicant has a positive net worth and information the commissioner may require to review the current financial condition of the applicant; and  (6) Any other pertinent information the commissioner may require.  (c) An administrator licensee or applicant for licensure shall notify the commissioner within thirty days of any material change in its ownership, control, contact person for the administrator, or any other fact or circumstance affecting the licensee's or applicant's qualification for licensure.  (d) If an administrator employs or has contracted individuals to sell, solicit, or negotiate insurance business, the employees or contracted individuals shall first be licensed as producers. An administrator who intends to directly solicit insurance contracts or otherwise act as a producer shall first be licensed as an insurance producer.  (e) The commissioner may refuse to issue a license if the commissioner determines, after notice and hearing pursuant to section 431:2-308 and chapter 91, that the administrator is not competent, trustworthy, financially responsible, or of good personal and business reputation, or has had an application for an insurance license denied or revoked for cause within the past five years.  (f) The license shall be renewable or extendable biennially. The license shall remain in effect so long as the fees set forth in section 431:7-101 are paid.  (g) The commissioner may contract with nongovernmental entities, including the National Association of Insurance Commissioners or any affiliations or subsidiaries that the National Association of Insurance Commissioners oversees, to perform any ministerial functions relating to the licensure of administrators. [L 2019, c 72, pt of §1; am L 2021, c 111, §13]
HI Rev Stat § 431:9J-103 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9J-103 Surety bond required.

  §431:9J-103 Surety bond required. Prior to the issuance of the administrator license, the administrator shall file with the commissioner, and maintain in force while so licensed, a surety bond of at least $100,000, in the form and penal sum acceptable to the commissioner, and shall provide that the bond may not be canceled or otherwise terminated until two years have elapsed from the last day the applicant was an administrator, unless the commissioner has given prior written consent. The surety bond shall be undertaken and may be enforced in the name of "Commissioner of Insurance, State of Hawaii". [L 2019, c 72, pt of §1]
HI Rev Stat § 431:9J-104 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9J-104 Written agreement required.

  §431:9J-104 Written agreement required. (a) An administrator shall have a written agreement between the administrator and insurer that contains all requirements of this article, except those that do not apply to administrator functions.  (b) The written agreement shall include a provision with respect to underwriting or other standards pertaining to the business underwritten by the insurer.  (c) The written agreement shall be retained as part of the official records of the administrator and the insurer for the duration of their agreement and five years thereafter.  (d) When an insurance policy is issued to a trustee, the administrator shall furnish the insurer a copy of the trust agreement and any amendments to it. The trust agreement shall be retained as part of the official records of the administrator and the insurer for the duration of the insurance policy and five years thereafter. [L 2019, c 72, pt of §1]
HI Rev Stat § 431:9J-105 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9J-105 Effect of payments to administrator.

  §431:9J-105 Effect of payments to administrator. (a) Payment to the administrator of any insurance premiums or charges by or on behalf of the insured shall be deemed received by the insurer.  (b) Payment of return premiums or claims by the insurer to the administrator shall not be deemed payment to the insured until the insured receives the payment.  (c) This section does not limit any right of the insurer against the administrator resulting from failure of the administrator to make payments to the insurer or insured. [L 2019, c 72, pt of §1]
HI Rev Stat § 431:9J-106 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9J-106 Recordkeeping required; commissioner's access to records.

  §431:9J-106 Recordkeeping required; commissioner's access to records. (a) An administrator shall maintain and make available to the insurer complete books and records of all transactions between the administrator, insurers, and insureds. The books and records shall be maintained in accordance with prudent standards of insurance recordkeeping and for the duration of the written agreement and five years thereafter.  (b) The commissioner shall have access to the books and records for examination, audit, and inspection. Any documents, materials, or other information in the possession or control of the commissioner that are furnished by an administrator, payor, or insurance producer or an employee or agent thereof acting on behalf of the administrator, payor, or insurance producer, or obtained by the commissioner in an investigation shall be confidential by law and privileged and shall not be subject to chapters 92 and 92F, subpoena, and discovery or admissible in evidence in any private civil action.  The commissioner is authorized to use such documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the commissioner's official duties.  (c) An administrator shall retain the right to continuing access to the books and records to fulfill its contractual obligations to the insurer and insureds, subject to any restrictions in the written agreement. [L 2019, c 72, pt of §1]
HI Rev Stat § 431:9J-107 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9J-107 Advertising by administrator.

  §431:9J-107 Advertising by administrator. An administrator shall use only the advertising pertaining to the business an insurer has underwritten and approved in advance of its use. [L 2019, c 72, pt of §1]
HI Rev Stat § 431:9J-108 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9J-108 Fiduciary duties of administrator; payment of claims by administrator.

  §431:9J-108 Fiduciary duties of administrator; payment of claims by administrator. (a) The administrator shall hold in a fiduciary capacity all charges, claim payments, or premiums that the administrator collects for or on behalf of an insurer and all return premiums that the administrator receives from the insurer. These funds shall be immediately remitted to the person entitled to them or shall be deposited promptly in a fiduciary account established and maintained by the administrator in a federally insured financial institution.  (b) If charges, claim payments, or premiums deposited in a fiduciary account have been collected for or on behalf of more than one insurer, the administrator shall keep records clearly recording the deposits in and withdrawals from the account for or on behalf of each insurer. The administrator shall keep copies of the records and, upon request of an insurer, shall furnish the insurer with copies of records pertaining to the deposits and withdrawals.  (c) An administrator shall not pay claims by withdrawals from the fiduciary account in which premiums or charges are deposited.  (d) The written agreement shall provide that withdrawals from a fiduciary account shall be made only for:  (1) Remittance to an insurer entitled to remittance;  (2) Deposit in an account maintained in the name of the insurer;  (3) Transfer to and deposit in a claims-paying account, with claims to be paid as provided in subsection (e);  (4) Payment to a group policyholder for remittance to the insurer entitled to remittance;  (5) Payment to the administrator of its commission, fees, or charges; and  (6) Remittance of return premiums to the person entitled to return premiums.  (e) All claims the administrator pays from funds collected for or on behalf of an insurer shall be paid only as authorized by the insurer. [L 2019, c 72, pt of §1]
HI Rev Stat § 431:9J-109 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9J-109 Compensation of administrator.

  §431:9J-109 Compensation of administrator. Compensation to an administrator for adjusting or settling claims shall not be increased contingent on claim experience. This section shall not prevent the compensation of an administrator from being based on premiums or charges collected or number of claims paid or processed. [L 2019, c 72, pt of §1]
HI Rev Stat § 431:9J-110 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9J-110 Written notice to insureds required.

  §431:9J-110 Written notice to insureds required. (a) When the services of an administrator are used, the administrator shall provide written notice approved by the insurer to insureds, advising the insureds of the identity of and relationship between the administrator, insurer, and insured.  (b) When an administrator collects funds, the administrator shall identify the reason for collecting each item and show each item separately from the premium. Additional charges shall not be made for services to the extent the insurer has already paid for those services.  (c) The administrator shall disclose to the insurer all charges, fees, and commissions the administrator receives from services the administrator provides the insurer, including any fees or commissions paid by insurers providing reinsurance. [L 2019, c 72, pt of §1]
HI Rev Stat § 431:9J-111 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9J-111 Delivery of written information to insured.

  §431:9J-111 Delivery of written information to insured. Any policies, certificates, booklets, termination notices, or other written communications delivered by the insurer to the administrator for delivery to the insured, shall be delivered by the administrator promptly after receipt of instructions from the insurer to deliver them. [L 2019, c 72, pt of §1]
HI Rev Stat § 431:9J-112 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9J-112 Annual report required.

  §431:9J-112 Annual report required. (a) An administrator shall file an annual report for the preceding calendar year with the commissioner on or before March 1 of each year, in a form and manner prescribed by the commissioner.  (b) The annual report shall include the names and addresses of all insurers with which the administrator had an agreement during the preceding calendar year. [L 2019, c 72, pt of §1]
HI Rev Stat § 431:9J-114 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9J-114 Rules.

  §431:9J-114 Rules. The commissioner may adopt rules to implement and enforce this article. [L 2019, c 72, pt of §1]
HI Rev Stat § 431:9N-101 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9N-101 Definitions.

 §431:9N-101 Definitions. As used in this article:  "Bail agent" means a licensed insurance producer under article 9A who is appointed by an authorized surety insurer, furnishes bail for compensation in any court in this State, and has the power of attorney to execute or countersign bail bonds in connection with judicial proceedings. "Bail agent" shall not include a person who is a full-time salaried officer or employee of an insurer or a person who pledges United States currency, a United States postal money order, a cashier's check, or other property as security for a bail bond in connection with a judicial proceeding, whether for compensation or otherwise.  "On the board" means that the name of a bail agent has been publicly posted or disseminated by a court as being ineligible to write bail bonds. [L 2008, c 134, pt of §1]
HI Rev Stat § 431:9N-102 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9N-102 License denial, nonrenewal, suspension, or revocation; trade name bar.

  §431:9N-102 License denial, nonrenewal, suspension, or revocation; trade name bar. In addition to the authority granted by section 431:9A-112, the commissioner may deny, place on probation, suspend, revoke, or refuse to issue or renew a bail agent's license, may permanently retire or bar subsequent use of a trade name, and may levy a civil fine or penalty in accordance with articles 2 and 9A, or take any combination of these actions, for any of the following causes:  (1) Failure to satisfy, pay, or otherwise discharge a bail forfeiture judgment after the bail agent's name is on the board for more than forty-five consecutive days for the same forfeiture;  (2) Failure to satisfy, pay, or otherwise discharge a final, nonappealable bail forfeiture judgment within sixty days following notice of entry of judgment;  (3) Failure to report, to preserve without use and retain separately, or to return collateral received as security on any bond to the principal or depositor of the collateral;  (4) Failure to pay a final, nonappealable judgment award for failure to return or repay collateral received to secure a bond;  (5) Continuing execution of bail bonds in any court in this State while on the board, where the bail forfeiture judgment that resulted in placement on the board has not been paid, stayed, vacated, exonerated, or otherwise discharged; or  (6) Payment, directly or indirectly, of any commission, service fee, brokerage, or other valuable consideration to any person selling, soliciting, or negotiating bail within this State unless, at the time the services were performed, the person was duly licensed for the performance of the services. [L 2008, c 134, pt of §1; am L 2010, c 116, §1(13); am L 2019, c 70, §13]