reglab/housing_qa huggingface dataset:
HI Rev Stat § 431:12-107 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:12-107 Payroll deductions and premium collections.

  §431:12-107 Payroll deductions and premium collections. A mass merchandising agreement may provide for the collection of premiums from employees by payroll deductions, assessments, or otherwise, and the remittance of the same to the insurer by the employer; provided that:  (1) No such collection and remittance of premiums by the employer shall constitute collection of premium within the meaning of this code;  (2) No act of furnishing information about such collection method by the employer to its employees shall constitute solicitation of applications for insurance; and  (3) The employer shall not be considered an insurance producer for purposes of this code by virtue of the employer's collection and remittance of premiums or the furnishing of information about such collection method. [L 1987, c 347, pt of §2; am L 2003, c 212, §102]
HI Rev Stat § 431:12-108 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:12-108 Employer's failure to remit premiums.

  §431:12-108 Employer's failure to remit premiums. If any employer is required under a mass merchandising agreement to collect the premiums from its employees and remit the same to the insurer, its failure to so collect and remit as to any employee for any reason, including termination of the employee's employment, shall not be regarded by the insurer as nonpayment of premium by such employee, unless the insurer gives written notice of such failure to remit to the employee and the employee fails to pay the required premium by the later of:  (1) Thirty days after the mailing or delivery of the notice to the address of the employee last known to the insurer, or  (2) The due date of the premium. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:12-109 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:12-109 Cancellation and nonrenewal.

  §431:12-109 Cancellation and nonrenewal. Except as provided by section 431:12-108, no policy of an individual employee or participation of an employee in a group policy shall be cancelled or its renewal denied unless a thirty-day written notice of cancellation or renewal is given the employee. All such notices shall set forth the reasons for the cancellation or nonrenewal. The insurer, prior to the expiration of the thirty-day period, shall afford the employer a reasonable opportunity to consult with the insured and to present facts in opposition to cancellation or nonrenewal. [L 1987, c 347, pt of §2; am L 2003, c 212, §103]
HI Rev Stat § 431:12-110 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:12-110 Premium rates.

  §431:12-110 Premium rates. Premium rates for insurance sold on a mass merchandising basis shall comply with the standards in article 10C for motor vehicle insurance and in article 14 for property and casualty insurance including the standards that rates not be excessive, inadequate or unfairly discriminatory.  Rates shall not be deemed to be unfairly discriminatory because different premiums result for policyholders with like loss exposure but different expense factors, or like expense factors but different loss exposures, so long as the rates reflect the differences with reasonable accuracy. Rates shall not be deemed to be unfairly discriminatory if they are averaged broadly among persons insured under a mass merchandising plan. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:12-111 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:12-111 Readjustment of premiums; dividends.

  §431:12-111 Readjustment of premiums; dividends. (a) Any mass merchandising agreement may provide for the readjustment of the rate of premium based on experience at the end of the first year for any subsequent year of insurance, and such readjustment may be made retroactive only for the policy year.  (b) If a policy dividend is declared or a reduction in rate is made or continued under any mass merchandising plan, the excess, if any, of the aggregate dividends or rate reductions under the policy and all other group insurance policies of the policyholder over aggregate expenditure for insurance under such policies made from funds contributed by the policyholder, or by an employer of an insured person, or by a union or association to which an insured person belongs, including expenditures made in connection with administration of such policies, shall be applied by the policyholder for the sole benefit of insured employees. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:12-112 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:12-112 Underwriting standards.

  §431:12-112 Underwriting standards. Every plan of mass merchandising and all rules and standards applicable to mass merchandising of insurance shall be subject to audit by the commissioner upon written request to the insurer. No underwriting standard for risk selection under a mass merchandising plan shall be more restrictive than the standards used for insurance sold by methods other than mass merchandising. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:12-113 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:12-113 Statistics.

  §431:12-113 Statistics. Every insurer mass merchandising insurance shall keep and maintain data on its experience under each plan, including data on premium income, losses, and expenses. The data shall be kept and maintained separately from any experience data on insurance sold by means other than mass merchandising. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:12-114 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:12-114 Licenses.

  §431:12-114 Licenses.  No person shall act as an insurance producer in connection with mass merchandising of insurance, unless the person is licensed as such under article 9A. [L 1987, c 347, pt of §2; am L 2002, c 155, §79]
HI Rev Stat § 431:12-115 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:12-115 Establishment and maintenance of office.

  §431:12-115 Establishment and maintenance of office. (a) Every insurer selling insurance on a mass merchandising basis shall establish and maintain at all times an office in the State to conduct the administration of its business and handle claims.  (b) Establishment and maintenance of an office by any licensed producer of an insurer shall meet the requirements of this section. [L 1987, c 347, pt of §2; am L 2000, c 24, §12; am L 2002, c 155, §80]
HI Rev Stat § 431:12-116 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:12-116 Rules.

  §431:12-116 Rules. The commissioner shall adopt rules necessary to effectuate the purposes of this article. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:13-101 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:13-101 Purpose.

Case Notes Supreme court of Hawai`i would not find that article 13 preempted suits against insurers for deceptive trade practices in violation of §480-2. 95 F.3d 791 (1996).  This article does not authorize a private cause of action. 795 F. Supp. 1036 (1992).  Article's administrative remedies not exclusive; bad faith cause of action may be brought by first-party insured for insurer misconduct. 82 H. 120, 920 P.2d 334 (1996).  As no private cause of action authorized under this article, summary judgment properly granted for workers' compensation insurer against employee's complaint of violation of this article by insurer. 83 H. 457, 927 P.2d 858 (1996).  No private cause of action exists under this article. 82 H. 363 (App.), 922 P.2d 976 (1996). PART I. GENERAL PROVISIONS  §431:13-101 Purpose. The purpose of this article is to regulate trade practice in the business of insurance in accordance with the intent of the Congress of the United States as expressed in the Act of Congress of March 9, 1945 (Public Law 15, 79th Congress), by defining, or providing for the determination of, all acts, methods, and practices which constitute unfair methods of competition or unfair or deceptive acts or practices in this State, and by prohibiting the trade practices so defined or determined. [L 1987, c 347, pt of §2] Case Notes  Cited: 95 F.3d 791 (1996).
HI Rev Stat § 431:13-102 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:13-102 Unfair methods of competition; unfair or deceptive acts or practices prohibited.

  §431:13-102 Unfair methods of competition; unfair or deceptive acts or practices prohibited. No person shall engage in this State in any trade practice which is defined in this article as, or determined pursuant to section 431:13-106 to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance. [L 1987, c 347, pt of §2] Case Notes  An insurer that does not respond promptly to a party's settlement demand and does not negotiate settlement in good faith may violate section. 73 H. 412, 835 P.2d 627 (1992).  Discussed: 95 F.3d 791 (1996); 458 F. Supp. 2d 1167 (2006).
HI Rev Stat § 431:13-105 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:13-105 Power of commissioner.

  §431:13-105 Power of commissioner. The commissioner may examine and investigate into the affairs of every person engaged in the business of insurance in this State in order to determine whether the person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by section 431:13-102. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:13-106 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:13-106 Hearings.

  §431:13-106 Hearings. (a) Whenever the commissioner shall have reason to believe that any person has been engaged or is engaging in this State in any unfair method of competition or any unfair or deceptive act or practice, whether or not defined in section 431:13-103, and that a proceeding by the commissioner in respect thereto would be to the interest of the public, the commissioner shall issue and serve upon the person a statement of the charges in that respect and a notice of a hearing to be held at a time and place fixed in the notice, which shall not be less than fifteen days after the date of the service.  (b) At the time and place fixed for the hearing, the person shall have an opportunity to be heard and to show cause why an order should not be made by the commissioner requiring the person to cease and desist from the acts, methods or practices which are the subject of complaint.  (c) Procedures at the hearing shall be governed by chapter 91. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:13-107 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:13-107 Commissioner's right of action.

  §431:13-107 Commissioner's right of action. All remedies, penalties and proceedings set forth in this article are to be invoked solely and exclusively by the commissioner. [L 1987, c 347, pt of §2] Case Notes  This article does not authorize a private cause of action. 795 F. Supp. 1036 (1992).
HI Rev Stat § 431:13-201 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:13-201 Cease and desist and penalty orders; judicial review.

  §431:13-201 Cease and desist and penalty orders; judicial review. (a) If, after the hearing, the commissioner shall determine that the person charged has engaged in an unfair method of competition or an unfair or deceptive act or practice, the commissioner shall reduce the findings to writing and shall issue and cause to be served upon the person charged with the violation a copy of the findings and an order requiring the person to cease and desist from engaging in the method of competition, act or practice. If the act or practice is a violation of section 431:13-103, the commissioner may, at the commissioner's discretion, order any one or more of the following:  (1) Payment of a fine of not more than $1,000 for each and every act or violation but not to exceed $10,000, unless the person knew or reasonably should have known that the person was in violation of section 431:13-103, in which case the fine shall be not more than $5,000 for each and every act or violation but not to exceed $50,000 in any six-month period.  (2) Suspension or revocation of the person's license, if the person knew or reasonably should have known that the person was in violation of section 431:13-103.  (b) Any person aggrieved by an order of the commissioner under this section may obtain judicial review of the order in the manner provided for by chapter 91. [L 1987, c 347, pt of §2; am L 2003, c 212, §106]
HI Rev Stat § 431:13-202 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:13-202 Penalty for violation of cease and desist orders.

  §431:13-202 Penalty for violation of cease and desist orders. (a) Any person who violates a cease and desist order of the commissioner under section 431:13-201 may be subject at the discretion of the commissioner, after notice and hearing and upon order of the commissioner, to either or both of the following:  (1) A fine of not more than $10,000 for each and every act in violation of the cease and desist order; or  (2) Suspension or revocation of the person's license.  (b) No order of the commissioner pursuant to this section or order of court to enforce it shall in any way relieve or absolve any person affected by the order from any other liability, penalty, or forfeiture required by law. [L 1987, c 97, §1 and c 347, pt of §2; am L 1989, c 276, §1] Case Notes  Pursuant to subsection (b), article's administrative remedies not exclusive; bad faith cause of action may be brought by first-party insured for insurer misconduct. 82 H. 120, 920 P.2d 334 (1996).
HI Rev Stat § 431:13-203 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:13-203 Rules.

  §431:13-203 Rules. The commissioner may adopt reasonable rules in accordance with chapter 91, as are necessary or proper to identify specific methods of competition or acts or practices which are prohibited by section 431:13-103 or 431:13-104, but the rules shall not enlarge upon or extend the provisions of section 431:13-103 or 431:13-104. [L 1987, c 347, pt of §2; am L 2003, c 212, §107]
HI Rev Stat § 431:13-204 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:13-204 Provisions of sections additional to existing laws.

  §431:13-204 Provisions of sections additional to existing laws. The powers vested in the commissioner by this article shall be additional to any other power to enforce penalties or fines authorized by law with respect to the methods, acts, and practices hereby declared to be unfair or deceptive. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:14-101 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-101 Purpose.

Note Commercial liability insurance; tort reform. L Sp 1986, c 2, as amended by L 1987, c 231; L 1989, c 300; L 1991, c 62; L 1993, c 238; L 1995, c 130.  §431:14-101 Purpose. The purpose of this article is to promote the public welfare by regulating insurance rates to the end that they shall not be excessive, inadequate, or unfairly discriminatory, and to authorize and regulate cooperative action among insurers in ratemaking and ratemaking related activities and in other matters within the scope of this article. Nothing in this part is intended to:  (1) Prohibit or discourage reasonable competition; or  (2) Prohibit or encourage except to the extent necessary to accomplish the aforementioned purposes, uniformity in insurance rates, rating systems, rating plans, or practices. This article shall be liberally interpreted to carry into effect the provisions of this section. [L 1987, c 347, pt of §2; am L 1990, c 255, §6]
HI Rev Stat § 431:14-101.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-101.5 Definitions.

  §431:14-101.5 Definitions. As used in this article, unless the context otherwise requires:  "Developed losses" means losses (including loss adjustment expenses) adjusted, using standard actuarial techniques, to eliminate the effect of differences between current payment or reserve estimates and those needed to provide actual ultimate loss (including loss adjustment expense) payments.  "Expenses" means that portion of a rate attributable to acquisition, field supervision, collection expenses, general expenses, taxes, licenses, and fees; provided that no tax credit received by any insurer under section 431:7-207 shall reduce the expenses of the insurer for purposes of determining the insurer's rate under this article for the first year of any insurer's rate which is approved pursuant to this article and for which the insurer submits before July 1, 1993, a filing pursuant to the applicable sections of this code to modify the rate in existence on June 30, 1992.  "Loss trending" means any procedure for projecting developed losses to the average date of loss for the period during which the policies are to be effective.  "Prospective loss costs" means that portion of a rate that does not include provisions for expenses (other than loss adjustment expenses) or profit, and are based on historical aggregate losses and loss adjustment expenses adjusted through development to their ultimate value and projected through trending to a future point in time.  "Rate" means that cost of insurance per exposure unit whether expressed as a single number or as a prospective loss cost with an adjustment to account for the treatment of expenses, profit, and individual insurer variation in loss experience, prior to any application of individual risk variations based on loss or expense considerations, and does not include minimum premium.  "Supplementary rating information" includes any manual or plan of rates, classification, rating schedule, minimum premium, policy fee, rating rule, underwriting rule, statistical plan, and any other similar information needed to determine the applicable rate in effect or to be in effect.  "Supporting information" means:  (1) The experience and judgment of the filer and the experience or data of other insurers, rating organizations, or advisory organizations relied on by the filer;  (2) The interpretation of any other data relied upon by the filer; and  (3) Descriptions of methods used in making the rates, and any other information required by the commissioner to be filed. [L 1990, c 255, §1; am L 1992, c 236, §8]
HI Rev Stat § 431:14-102 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-102 Scope.

  §431:14-102 Scope. (a) This article shall apply to all classes, types, or forms of general casualty insurance as defined in section 431:1-209, surety insurance as defined in section 431:1-210, motor vehicle insurance, and workers' compensation and employers' liability insurance, on risks or operations in this State, and all classes, types or forms of property insurance as defined in section 431:1-206, and marine and transportation insurance as defined in section 431:1-207, on risks located in this State. Inland marine insurance shall be deemed to include insurance now or hereafter defined as inland marine insurance by:  (1) Statute, or by interpretation thereof;  (2) Ruling of the commissioner, if not defined or interpreted; or  (3) By general custom of the business. In this article, the terms inland marine insurance and marine insurance are used in their generally accepted trade meanings.  (b) This article shall not apply to:  (1) Reinsurance, other than joint reinsurance to the extent stated in section 431:14-112;  (2) Accident and health or sickness insurance;  (3) Insurance against loss or damage to aircraft or against liability, other than workers' compensation and employers' liability, arising out of the ownership, maintenance, or use of aircraft;  (4) Insurance of vessels or craft, their cargoes, marine builder's risks, marine protection and indemnity, or other risks commonly insured under marine, as distinguished from inland marine, insurance policies; and  (5) Insurance of hulls of aircraft, including their accessories and equipment, or against liability arising out of the ownership, maintenance, or use of aircraft. [L 1987, c 347, pt of §2; am L 1990, c 255, §7; am L 2002, c 155, §82]
HI Rev Stat § 431:14-103.3 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-103.3 Rate adjustment mandates.

  §431:14-103.3 Rate adjustment mandates. (a) Except as otherwise provided by law, the commissioner may mandate insurers to submit new filings for any type of insurance under section 431:14-102 when the commissioner has actuarially sound information that current rates may be excessive, inadequate, or unfairly discriminatory.  (b) Insurers shall submit the new rate filings within one hundred twenty days of the commissioner's mandate.  (c) The new rate filings shall be subject to the rate filing requirements under section 431:14-104.  (d) After the commissioner reviews the new rate filings submitted under this section, if the commissioner finds that the rates are excessive, inadequate, or unfairly discriminatory, the commissioner may adjust the rates for any class of insurance for any insurer pursuant to subsections (e) and (f).  (e) If, any time subsequent to the applicable review period provided for in sections 431:14-104 and 431:14-120, the commissioner does not approve a new rate filing by an insurer, the commissioner shall issue a written notice of disapproval of the filed rate to the insurer. The written notice shall set forth the commissioner's proposed rate and the actuarial, statutory, factual, and legal bases for both the disapproval of the rate filed by the insurer and the commissioner's proposed rate. Within thirty days of the commissioner's written notice of disapproval, the insurer may file a written request to the commissioner for a hearing pursuant to subsection (f); provided that:  (1) If the insurer fails to file a written request for hearing, the commissioner's proposed rate shall become effective sixty days after the expiration of the deadline to file a written request for a hearing; and  (2) If the insurer files a written request for a hearing, the existing effective rate shall remain in effect until sixty days after the final order is rendered by the director of commerce and consumer affairs and the appeals process has been exhausted.  (f) The hearing allowed under subsection (e) shall be conducted under the following procedure:  (1) The hearing shall commence within twenty days of receipt of the written demand for a hearing, and written notice of the hearing shall be provided to the parties not less than ten days prior to the hearing;  (2) The commissioner shall present the commissioner's proposed rate and the insurer shall present its rate filing, in addition to other relevant evidence;  (3) Within fifteen days after the conclusion of the hearing, the hearings officer shall issue a proposed decision; and  (4) The rate found to be in compliance with this article shall be effective sixty days after the final order is rendered by the director of commerce and consumer affairs and the appeals process has been exhausted. [L 1998, c 117, §1; am L 2012, c 258, §3]
HI Rev Stat § 431:14-103.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-103.5 Contracting classification premium program. With respect to each classification of risk in the construction industry, the rating organization shall file with the commissioner a contracting classification premium program, which is a method of computing premiums, that does not impose a higher premium solely because of an employer's higher rate of wages. [L 1995, c 234, pt of §5]

  §431:14-103.5 Contracting classification premium program. With respect to each classification of risk in the construction industry, the rating organization shall file with the commissioner a contracting classification premium program, which is a method of computing premiums, that does not impose a higher premium solely because of an employer's higher rate of wages. [L 1995, c 234, pt of §5]