reglab/housing_qa huggingface dataset:
HI Rev Stat § 431:10B-109 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10B-109 Premiums and refunds.

  §431:10B-109 Premiums and refunds. (a) Any insurer may revise its schedules of premium rates from time to time, and shall file the revised schedules for approval with the commissioner. No insurer shall issue any credit life insurance policy or credit disability insurance policy for which the premium rate exceeds that determined by the schedules of the insurer as then on file with and approved by the commissioner.  (b) Each individual policy, group certificate, or notice of proposed insurance shall provide that in the event of termination of the insurance prior to the scheduled maturity date of the indebtedness, any refund of an amount paid by the debtor for the insurance shall be paid or credited promptly to the person entitled thereto; provided that the commissioner, by rules and regulations, shall prescribe a minimum refund and no refund which would be less than the minimum need be made. The formula to be used in computing the refund shall be filed with and approved by the commissioner.  (c) If a creditor requires a debtor to make any payment for credit life insurance or credit disability insurance and an individual policy or group certificate of insurance is not issued, the creditor shall immediately give written notice to the debtor and shall promptly make an appropriate credit to the next payment due on the account.  (d) The amount charged to a debtor for any credit life or credit disability insurance shall not exceed the premium charged by the insurer, as computed at the time the charge to the debtor is determined.  (e) Nothing in this article shall be construed to authorize any payments for insurance now prohibited under any statute, or rule thereunder, governing credit transactions. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10B-110 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10B-110 Issuance of policies.

  §431:10B-110 Issuance of policies. (a) All policies of credit life insurance and credit disability insurance shall be delivered or issued for delivery in this State only by an insurer authorized to do an insurance business in this State, and shall be issued only through holders of certificates, licenses or authorizations issued by the commissioner.  (b) The enrolling of debtors under a group creditor policy and the issuance of certificates of insurance pursuant thereto or the issuing of individual policies by a creditor shall not be considered a sale or solicitation of insurance or the transaction of an insurance business. A limited license issued under section 431:9A-107.5 shall be required for such acts. A producer's license shall not be required.  (c) A group creditor policy issued by an admitted insurer to a creditor on which the entire premium is paid by the creditor wholly from the creditor's funds shall be considered a seller-purchaser relationship and not a principal-agent relationship. Notwithstanding subsection (a), a license shall not be required for the issuance of certificates of insurance under group creditor policy that is subject to this subsection. [L 1987, c 347, pt of §2; am L 2001, c 216, §17; am L 2002, c 155, §68]
HI Rev Stat § 431:10B-111 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10B-111 Claims.

  §431:10B-111 Claims. (a) All claims shall be promptly reported to the insurer or its designated claim representative, and the insurer shall maintain adequate claim files. All claims shall be settled as soon as possible and in accordance with the terms of the insurance contract.  (b) All claims shall be paid either by draft drawn upon the insurer or by check of the insurer to the order of the claimant to whom payment of the claim is due pursuant to the policy provisions, or upon direction of the claimant to one specified.  (c) No plan or arrangement shall be used whereby any person, firm or corporation other than the insurer or its designated claim representative shall be authorized to settle or adjust claims. The creditor shall not be designated as claims representative for the insurer in adjusting claims; provided that a group policyholder may, by arrangement with the group insurer, draw drafts or checks in payment of claims due to the group policyholder subject to audit and review by the insurer. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10B-112 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10B-112 Existing insurance and choice of insurer.

  §431:10B-112 Existing insurance and choice of insurer. When credit life insurance or credit disability insurance is required as additional security for any indebtedness, the creditor shall give the debtor written notice of the debtor's option to furnish the required insurance through existing policies of insurance owned or controlled by the debtor or of procuring and furnishing the required coverage through any insurer authorized to transact an insurance business in this State. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10B-113 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10B-113 Enforcement.

  §431:10B-113 Enforcement. (a) The commissioner may, after notice and hearing as provided in chapter 91, issue such rules and regulations as the commissioner deems appropriate for the supervision of this article.  (b) Whenever the commissioner finds that there has been a violation of this article or of any rules or regulations issued pursuant thereto, and after written notice thereof and hearing given to the insurer or other person authorized or licensed by the commissioner, the commissioner shall set forth the details of the commissioner's findings together with an order for compliance by a specified date. The order shall be binding on the insurer and any other person authorized or licensed by the commissioner on the date specified, unless sooner withdrawn by the commissioner or a stay of the order has been ordered by a court of competent jurisdiction.  (c) In all proceedings before the commissioner, the commissioner shall have the same powers with respect to administering oaths, compelling the attendance of witnesses and the production of documentary evidence, and examining witnesses as are granted the commissioner in section 431:2-204.  (d) In cases of disobedience by any person of any order or subpoena issued by the commissioner, or the refusal of any witness to testify to any matter regarding which the witness may be questioned lawfully, the commissioner may apply to any court for an order to compel testimony or production of documents. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10B-114 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10B-114 Penalties.

  §431:10B-114 Penalties. In addition to any other penalty provided by law, any person, firm or corporation which violates an order of the commissioner after it has become final, and while the order is in effect, shall, upon proof thereof to the satisfaction of the court, forfeit and pay to this State a sum not to exceed $250 for each violation which may be recovered in a civil action; except that if the violation is found to be wilful, the amount of the penalty shall be a sum not to exceed $1,000. The commissioner, in the commissioner's discretion, may revoke or suspend the license or certificate of authority of the person, firm or corporation guilty of the violation. An order for suspension or revocation shall be upon notice and hearing, and shall be subject to judicial review. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10C-101 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-101 Short title.

Cross References Applicability of article to captive insurers, see §431:19-115.5. Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev. 55 (1992). Case Notes Rent-a-car company's rental agreement provision, which attempted to shift primary responsibility for providing minimum insurance coverage to the renter's personal insurance policy, violated the public policy enumerated in this chapter. 88 H. 274, 965 P.2d 1274 (1998).  The owner of a vehicle has the primary obligation to provide minimum coverage for the owned vehicle and this obligation may not be avoided through a unilateral contract with a permissive user of the vehicle. 88 H. 274, 965 P.2d 1274 (1998). When a defendant is charged with a violation of this article, §805-13 is the proper procedural statute for the district court, enforcement officers, and the prosecutor's office to follow. 86 H. 331 (App.), 949 P.2d 171 (1997).  As §1-1 does not establish the supremacy of the 1840 Constitution over the current state constitution, or somehow render the documents concurrent, whether chapter 431 violated the 1840 Constitution was immaterial for purposes of defendant's conviction. 90 H. 130 (App.), 976 P.2d 444 (1999). PART I. GENERAL PROVISIONS   §431:10C-101 Short title. This article shall be known and may be cited as the Hawaii motor vehicle insurance law. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10C-102 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-102 Purpose.

 §431:10C-102 Purpose. (a) The purpose of this article is to:  (1) Create a system of reparations for accidental harm and loss arising from motor vehicle accidents;  (2) Compensate these damages without regard to fault; and  (3) Limit tort liability for these accidents.  (b) To effectuate this system of motor vehicle insurance and to encourage participation by all drivers in the motor vehicle insurance system:  (1) Those uninsured drivers who try to obtain the privilege of driving a motor vehicle without the concomitant responsibility of an ability to compensate adequately those who are injured as a result of a motor vehicle accident are to be dealt with more severely in the criminal or civil areas than those who obtain the legally required motor vehicle insurance coverage;  (2) Those persons truly economically unable to afford insurance are provided for under the public assistance provisions of this article. [L 1987, c 347, pt of §2; am L 1997, c 251, §12]
HI Rev Stat § 431:10C-103.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-103.5 Personal injury protection benefits; defined; limits.

 §431:10C-103.5 Personal injury protection benefits; defined; limits. (a) Personal injury protection benefits, with respect to any accidental harm, means all appropriate and reasonable treatment and expenses necessarily incurred as a result of the accidental harm and which are substantially comparable to the requirements for prepaid health care plans, including medical, hospital, surgical, professional, nursing, advanced practice nursing licensed pursuant to chapter 457, dental, optometric, naturopathic medicine, chiropractic, ambulance, prosthetic services, medical equipment and supplies, products and accommodations furnished, x-ray, psychiatric, physical therapy pursuant to prescription by a medical doctor, occupational therapy, rehabilitation, and therapeutic massage by a licensed massage therapist when prescribed by a medical doctor.  (b) Personal injury protection benefits, when applied to a motor vehicle insurance policy issued at no cost under section 431:10C-410(3)(A), shall not include benefits under subsection (a) for any person receiving public assistance benefits.  (c) Personal injury protection benefits shall be subject to an aggregate limit of $10,000 per person for services provided under this section. An insurer may offer additional coverage in excess of the $10,000 aggregate limit for services provided under this section, or as provided by rule of the commissioner. [L 1997, c 251, pt of §2; am L 1998, c 275, §5; am L 1999, c 222, §4; am L 2000, c 65, §1; am L 2004, c 56, §1; am L Sp 2009, c 22, §11(2); am L 2015, c 35, §46] Case Notes  Fee schedule was intended to apply to medical services rendered as a result of motor vehicle accidents and paid by a no-fault insurer. 73 F. Supp. 2d 1189 (1999).  Disputed issue of material fact existed as to whether or not the information requested by defendant insurer from plaintiff personal injury protection company was necessary and reasonable; defendant insurer was entitled to do some investigation to determine whether claimed benefits are appropriate and reasonable. 732 F. Supp. 2d 1107 (2010).
HI Rev Stat § 431:10C-103.6 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-103.6 Personal injury protection benefits tied to prepaid health care plan for description of coverage only.

  §431:10C-103.6 Personal injury protection benefits tied to prepaid health care plan for description of coverage only. (a) The benefits provided under section 431:10C-103.5 shall be substantially comparable to the requirements for prepaid health care plans, as provided in chapter 393 and rules of the department of labor and industrial relations, pertaining to the Prepaid Health Care Act. The reference to the Prepaid Health Care Act is only for purposes of describing the coverages and exclusions, without regard to any specific insurer or plan, and shall not be construed to transfer coverage to the prepaid health care plans. The precise charges and utilization rates shall be as contained in the workers' compensation schedules as provided under section 431:10C-308.5, unless modified by the commissioner by rule under chapter 91.  (b) Chiropractic treatments shall be allowed for not more than the lesser of the following:  (1) Thirty visits at no more than $75 a visit, plus no more than five x-rays at no more than $50 each; or  (2) Treatment as defined by the Hawaii State Chiropractic Association guidelines in effect on January 25, 1997.  (c) Acupuncture treatments shall be allowed for no more than thirty visits. The charges for acupuncture treatments under this section shall be tied to the charges, and any subsequent increases in charges, permissible under the workers' compensation supplemental medical fee schedule.  (d) Naturopathic treatments shall be allowed for no more than thirty visits at no more than $75 a visit.  (e) The combined total of naturopathic, chiropractic, and acupuncture treatments may not exceed thirty visits.  (f) The benefits under section 431:10C-103.5 may be with copayment, and shall be subject to and apply the utilization requirements applicable under prepaid health care plans, under chapter 393. [L 1997, c 251, pt of §2; am L 1998, c 275, §6; am L 2004, c 56, §2; am L 2017, c 124, §2]
HI Rev Stat § 431:10C-104.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-104.5 REPEALED.

  §431:10C-104.5 REPEALED. L 2001, c 55, §31.
HI Rev Stat § 431:10C-105 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-105 Self-insurance.

  §431:10C-105 Self-insurance. (a) The motor vehicle insurance required by section 431:10C-104 may be satisfied by any owner of a motor vehicle if:  (1) The owner meets the requirements of part VI of this article; and  (2) The commissioner is satisfied that in case of injury, death, or property damage, any claimant would have the same rights against the owner as the claimant would have had if a motor vehicle insurance policy had been applicable to the vehicle.  (b) A person desiring to qualify as a self-insurer shall apply to the commissioner on a form or in a format approved by the commissioner pursuant to rules. [L 1987, c 347, pt of §2; am L 1997, c 251, §16; am L 2000, c 24, §5; am L 2004, c 122, §39] Cross References  Self-insurer requirements, see § §431:10C-601 to 431:10C-608. Case Notes  Use restriction in rental agreement purporting to limit self-insurer rent-a-car company's liability in the event of an accident in which renter was intoxicated was in violation of public policy. 85 H. 243, 942 P.2d 507 (1997).  Where there was no underlying insurance contract from which the duty of good faith settlement practices could arise, injured third-party claimant had no right to sue self-insured car rental company for bad faith. 105 H. 112, 94 P.3d 667 (2004).  For purposes of §431:10C-104(a), self-insurance under this section should be considered a defense, which the prosecution need not disprove unless some evidence to support the defense has been introduced. 90 H. 130 (App.), 976 P.2d 444 (1999).  Proof of self-insurance under this section is a "defense" within the meaning of §701-115. 90 H. 130 (App.), 976 P.2d 444 (1999).
HI Rev Stat § 431:10C-106 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-106 Specialty insurers not prohibited.

  §431:10C-106 Specialty insurers not prohibited. Nothing in this article shall prevent an insurer from offering motor vehicle insurance policies for only U-drive motor vehicles. [L 1987, c 347, pt of §2; am L 1989, c 208, §2; am L 1997, c 251, §17]
HI Rev Stat § 431:10C-107 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-107 Verification of insurance: motor vehicles.

  §431:10C-107 Verification of insurance: motor vehicles. (a) Every insurer shall issue to its insureds a paper or electronic motor vehicle insurance identification card for each motor vehicle for which the basic motor vehicle insurance coverage is written. The electronic motor vehicle insurance identification card may be accessed directly through the licensed insurer's website, application, or database. The identification card shall contain the following:  (1) Name of make and factory or serial number of the motor vehicle; provided that insurers of five or more motor vehicles which are under common registered ownership and used in the regular course of business shall not be required to indicate the name of make and the factory or serial number of each motor vehicle;  (2) Policy number;  (3) Names of the insured and the insurer; and  (4) Effective dates of coverage including the expiration date.  (b) The identification card shall be in the insured motor vehicle or accessible on a mobile electronic device, as defined in section 291C-137, at all times and shall be exhibited to a law enforcement officer upon demand.  (c) The identification card shall be resistant to forgery by whatever means appropriate. The commissioner shall approve the construction, form, and design of the identification card to ensure that the card is forgery resistant.  (d) The commissioner shall issue a certificate of self-insurance periodically, as necessary, for use in each motor vehicle insured under section 431:10C-105.  (e) The identification card issued by an insurer shall not be issued for a period exceeding the period for which premiums have been paid or earned; provided that this subsection shall apply only to the first application of a person for a motor vehicle insurance policy and shall not apply to applications for commercial and fleet vehicles. [L 1987, c 347, pt of §2; am L 1997, c 251, §18; am L 1998, c 207, §1; am L 2000, c 24, §6; am L 2016, c 82, §3]
HI Rev Stat § 431:10C-108 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-108 Unlawful use of motor vehicle insurance identification card.

  §431:10C-108 Unlawful use of motor vehicle insurance identification card. It shall be a violation of this article:  (1) For any person to make, issue, or knowingly use any fictitious or fraudulently altered motor vehicle insurance identification card; or  (2) For any person to display or cause or permit to be displayed a motor vehicle insurance identification card knowing that the motor vehicle insurance policy was canceled as provided in section 431:10C-111 and section 431:10C-112. [L 1987, c 347, pt of §2; am L 1997, c 251, §19]
HI Rev Stat § 431:10C-109 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-109 Motor vehicle insurance identification card after cancellation of policy; return to insurer, civil sanctions.

  §431:10C-109 Motor vehicle insurance identification card after cancellation of policy; return to insurer, civil sanctions. (a) When a motor vehicle insurance policy is canceled before the end of the policy period, the insured shall within thirty days after being notified of the cancellation:  (1) Return the motor vehicle insurance identification card to the insurer for the policy; or  (2) If the card is lost or stolen, submit to the insurer an affidavit signed by the insured stating that fact to the insurer.  (b) The insurer's notice of cancellation shall include:  (1) The reason for the cancellation; and  (2) A statement of actions which may be taken under this section if the card is not returned.  (c) If the card or affidavit is not returned within the period specified, the insurer may:  (1) If the premiums for the period shown on the motor vehicle insurance identification card have been prepaid, withhold the unearned portions of the premiums until the identification card or an affidavit signed by the insured has been returned. In addition, all premiums shall be considered "earned" until the card is returned.  (2) If the premiums for the period shown on the identification card have not been paid in full, bring a civil action for three times the unpaid portion of the premiums. Notwithstanding section 607-14, the insurer shall be awarded reasonable attorney's fees and court costs. If the motor vehicle insurance identification card is returned after the civil action is filed but before the matter is taken to trial, the insurer shall be awarded damages of not less than $100, but not more than the amount of the unpaid premiums together with reasonable attorney's fees and costs as provided in this section.  (d) Notwithstanding the provisions of this section, the imposition of criminal sanctions under section 431:10C-117 shall not be precluded. [L 1987, c 347, pt of §2; am L 1989, c 195, §32; am L 1997, c 251, §20; am L 2005, c 22, §26]
HI Rev Stat § 431:10C-110 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-110 Rejection of application, joint underwriting plan placement.

 §431:10C-110 Rejection of application, joint underwriting plan placement. A producer, including a branch office of a foreign or alien insurer, upon rejection of an application for a motor vehicle insurance policy or optional additional insurance, shall immediately offer, subject to the guidelines established by rules of the commissioner, to place the requested insurance coverages with the joint underwriting plan. [L 1987, c 347, pt of §2; am L Sp 1993, c 4, §2; am L 1997, c 251, §21; am L 2001, c 216, §18] Cross References  Joint underwriting plan, see §431:10C-401, et seq.
HI Rev Stat § 431:10C-110.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-110.5 Replacing motor vehicle insurance policy through an insurer's affiliate or subsidiary.

  §431:10C-110.5 Replacing motor vehicle insurance policy through an insurer's affiliate or subsidiary. An insurer shall be exempt from provisions governing policy cancellations or nonrenewals in sections 431:10C-111, 431:10C-111.5, and 431:10C-112 if:  (1) The insurer offers to replace the insured's policy through the insurer's affiliate or subsidiary;  (2) The replacement policy is effective upon the expiration of the existing policy;  (3) The replacement policy provides the same or better coverage, terms, and conditions as the existing policy at a lower premium than the existing policy;  (4) The insurer provides at least thirty days written notice of the prospective replacement to the insured; provided that the insured may waive notice pursuant to this paragraph; and  (5) The insured accepts the replacement policy. [L 2011, c 11, §1]