reglab/housing_qa huggingface dataset:
HI Rev Stat § 431:10C-205 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-205 Rate review: request by aggrieved party.

  §431:10C-205 Rate review: request by aggrieved party. (a) Any person aggrieved by the application as to such person of any classification, rule, standard, rate, or rating plan made, followed, or adopted by an insurer may make written request to the commissioner to review such application and grant the relief requested. If the commissioner finds that probable cause for the complaint exists or that the complaint charges a violation of this article or any applicable provision of article 14, the commissioner shall conduct a hearing on the complaint. The hearing shall be subject to the procedure provided in section 431:14-118.  (b) If, after a hearing conducted pursuant to subsection (a), the commissioner finds that the complainant is entitled to relief or that any classification, rule, standard, rate, rating territory, or rating plan violates this article or any applicable provisions of article 14, the commissioner shall issue an order granting the complainant's claim for relief or prohibiting the insurer from using such classification, rule, standard, rate, rating territory, or rating plan. The order shall contain the commissioner's findings of fact and conclusions of law, including a specification of the respects in which a violation of this article or article 14 exists and specifying a reasonable time period within which the insurer shall comply with the terms of the order. Any such order shall be subject to judicial review in the manner provided in chapter 91. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10C-206 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-206 REPEALED.

  §431:10C-206 REPEALED. L 1992, c 124, §14.
HI Rev Stat § 431:10C-206.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-206.5 Group insurance plans. (a) Notwithstanding section 431:12-104(a), any insurer may issue any insurance coverage on a group plan, without restriction as to the purpose of the group, occupation, or type of group. Group insurance rates shall not be considered to be unfairly discriminatory, if they are averaged broadly among other persons insured under the group plan. (b) This section is additional to article 12 and other provisions of law, with the exception of section 431:12-104(a), relating to group insurance. [L 1997, c 251, pt of §2; am L 1998, c 275, §13]

  §431:10C-206.5 Group insurance plans. (a) Notwithstanding section 431:12-104(a), any insurer may issue any insurance coverage on a group plan, without restriction as to the purpose of the group, occupation, or type of group. Group insurance rates shall not be considered to be unfairly discriminatory, if they are averaged broadly among other persons insured under the group plan.  (b) This section is additional to article 12 and other provisions of law, with the exception of section 431:12-104(a), relating to group insurance. [L 1997, c 251, pt of §2; am L 1998, c 275, §13]
HI Rev Stat § 431:10C-207 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-207 Discriminatory practices prohibited.

  §431:10C-207 Discriminatory practices prohibited. No insurer shall base any standard or rating plan, in whole or in part, directly or indirectly, upon a person's race, creed, ethnic extraction, age, sex, length of driving experience, credit bureau rating, marital status, or physical handicap. [L 1987, c 347, pt of §2] Case Notes  Section 431:10C-117 mandates that an insurer be fined if it violates this section, but gives the commissioner some discretion as to the amount of the fine; commissioner's imposition of $3,000 fine was not an abuse of discretion as it satisfied the statutory requirements. 104 H. 261, 88 P.3d 196 (2004).  This section applies to both rating plans and standards, including underwriting standards; thus, commissioner and trial court correctly concluded that insurer improperly denied plaintiff's application for insurance. 104 H. 261, 88 P.3d 196 (2004).
HI Rev Stat § 431:10C-208 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-208 Increase in premiums prohibited.

  §431:10C-208 Increase in premiums prohibited. No premium on any motor vehicle insurance policy shall be increased as a result of any accident if the insured is not at fault in the accident. An accident in which the insured was not at fault shall not be used in any way to affect any subsequent increases, including loss of any discounts, in insurance premiums. [L 1987, c 347, pt of §2; am L 1997, c 251, §33; am L 1998, c 275, §14]
HI Rev Stat § 431:10C-209 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-209 Rate administration.

  §431:10C-209 Rate administration. (a) Except as otherwise provided in this article, the commissioner shall implement and evaluate motor vehicle insurance rates in compliance with article 14.  (b) The commissioner shall order insurers to rebate to policyholders any excessive profit realized by insurers from their operations. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10C-209.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-209.5 REPEALED.

  §431:10C-209.5 REPEALED. L 2012, c 258, §6.
HI Rev Stat § 431:10C-210 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-210 Publication of premium information.

  §431:10C-210 Publication of premium information. (a) Upon the commissioner's request, all motor vehicle insurers shall provide motor vehicle insurance premium information to the commissioner within thirty days of the request.  (b) The commissioner shall publish annually, by electronic or online publication on the official website of the insurance division, a list of all motor vehicle insurers with representative annual premiums for motor vehicle insurance. The commissioner shall have information on premiums for motor vehicle insurance, which shall be available to the public on request. [L 1987, c 347, pt of §2; am L 1992, c 124, §5; am L 2010, c 116, §1(18); am L 2012, c 258, §2]
HI Rev Stat § 431:10C-212 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-212 Administrative hearing on insurer's denial of claim.

  §431:10C-212 Administrative hearing on insurer's denial of claim. (a) If a claimant or provider of services objects to the denial of benefits by an insurer or self-insurer pursuant to section 431:10C-304(3)(B) and desires an administrative hearing thereupon, the claimant or provider of services shall file with the commissioner, within sixty days after the date of denial of the claim, the following:  (1) Two copies of the denial;  (2) A written request for review; and  (3) A written statement setting forth specific reasons for the objections.  (b) The commissioner has jurisdiction to review any denial of personal injury protection benefits.  (c) The commissioner shall:  (1) Conduct a hearing in conformity with chapter 91 to review the denial of benefits;  (2) Have all the powers to conduct a hearing as set forth in section 92-16; and  (3) Affirm the denial or reject the denial and order the payment of benefits as the facts may warrant, after granting an opportunity for hearing to the insurer and claimant.  (d) The commissioner may assess the cost of the hearing upon either or both of the parties.  (e) Either party may appeal the final order of the commissioner in the manner provided for by chapter 91. [L 1987, c 347, pt of §2; am L 1992, c 124, §7; am L 1997, c 251, §35] Case Notes  The first party to choose a forum for resolution of no-fault dispute binds the other party to that forum unless the circuit court finds that the parties have entered into a mandatory and binding arbitration agreement. 86 H. 59, 947 P.2d 371 (1997).  1992 amendment to subsection (a) applies to claims arising from injuries sustained in accidents occurring before January 1, 1993; thus, provider had standing to contest insurer's denial of no-fault insurance benefits. 90 H. 1, 975 P.2d 211 (1999).
HI Rev Stat § 431:10C-213 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-213 Arbitration.

  §431:10C-213 Arbitration. (a) A claimant, insurer, or provider of services may submit any dispute relating to a motor vehicle insurance policy to an arbitrator by filing a written request with the clerk of the circuit court in the circuit where the accident occurred.  (b) The administrative judge of each circuit court shall maintain a current list of persons qualified and willing to act as arbitrators and shall, within ten days of the date of filing of a request for arbitration, appoint an arbitrator from such list to hear and determine the claim.  (c) Except as otherwise provided herein, the arbitration shall be in accordance with and governed by the provisions of chapter 658A.  (d) Any fee or cost of the arbitrator shall be borne equally by the parties unless otherwise allocated by the arbitrator.  (e) An appeal may be taken from any judgment of the arbitrator to the circuit court in the manner provided for in rule 72 of the Hawaii Rules of Civil Procedure. [L 1987, c 347, pt of §2; am L 1992, c 124, §8; am L 1997, c 251, §36; am L 2001, c 265, §4] Case Notes  Hawaii's public policy strongly favors arbitration when dispute centers on automobile insurance policy. 769 F. Supp. 1135 (1991).  The first party to choose a forum for resolution of no-fault dispute binds the other party to that forum unless the circuit court finds that the parties have entered into a mandatory and binding arbitration agreement. 86 H. 59, 947 P.2d 371 (1997).  Where plaintiff and defendant's insurer did not have a written agreement in compliance with §658-1, this section did not by itself provide independent authority to compel arbitration. 86 H. 59, 947 P.2d 371 (1997).
HI Rev Stat § 431:10C-213.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-213.5 Binding arbitration. (a) A claimant or defendant shall have the option to elect arbitration to resolve a claim in tort that is covered by motor vehicle liability insurance. (b) A claimant or defendant may submit any dispute relating to a tort claim to binding arbitration by either filing a written request with the clerk of the circuit court in the circuit where the accident occurred or by agreement. (c) A claimant or defendant shall have the opportunity to decline arbitration. (d) Except as otherwise provided herein, arbitration shall be in accordance with and governed by chapter 658A. (e) Fees and costs of arbitration shall be borne equally by the parties, unless otherwise agreed to by the parties. (f) Collection of any arbitration award issued under this section shall be limited to the applicable liability policy limit, unless the insured tortfeasor otherwise agrees. (g) The amount of an arbitration award under this section shall not be binding on a subsequent underinsured motorist claim. [L 1998, c 275, §3; am L 2000, c 181, §1; am L 2001, c 265, §4]

  §431:10C-213.5 Binding arbitration. (a) A claimant or defendant shall have the option to elect arbitration to resolve a claim in tort that is covered by motor vehicle liability insurance.  (b) A claimant or defendant may submit any dispute relating to a tort claim to binding arbitration by either filing a written request with the clerk of the circuit court in the circuit where the accident occurred or by agreement.  (c) A claimant or defendant shall have the opportunity to decline arbitration.  (d) Except as otherwise provided herein, arbitration shall be in accordance with and governed by chapter 658A.  (e) Fees and costs of arbitration shall be borne equally by the parties, unless otherwise agreed to by the parties.  (f) Collection of any arbitration award issued under this section shall be limited to the applicable liability policy limit, unless the insured tortfeasor otherwise agrees.  (g) The amount of an arbitration award under this section shall not be binding on a subsequent underinsured motorist claim. [L 1998, c 275, §3; am L 2000, c 181, §1; am L 2001, c 265, §4]
HI Rev Stat § 431:10C-214 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-214 Administration.

  §431:10C-214 Administration. In order to carry out the provisions and fulfill the purpose of this article, the commissioner shall:  (1) Consult with representatives of the private insurance business, such other persons, public and consumer organizations, and agencies of the federal, state or local governments as the commissioner deems necessary;  (2) Adopt, amend and repeal such rules, pursuant to chapter 91, as the commissioner deems necessary to carrying out and fulfilling the purposes of this article, and to establishing standards for the prompt, fair and equitable disposition of all claims arising out of motor vehicle accidents; and  (3) Appoint such personnel as necessary for the performance of the commissioner's functions under this article. All personnel appointed under this section shall be subject to chapter 76. [L 1987, c 347, pt of §2; am L 2000, c 253, §150]
HI Rev Stat § 431:10C-215 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-215 Inspection and audit.

  §431:10C-215 Inspection and audit. (a) In addition to the right and duty of examination under article 2, the commissioner shall have the right and the duty of visitation, inspection and audit of all business records, including internal memoranda, audits and correspondence related in any way to the insurer's motor vehicle insurance business in this State.  (b) The commissioner shall, in the commissioner's discretion, cause an audit to be made of all or any segment of the motor vehicle insurance books and business records of any insurer by the staff of the division or by an independent contract examiner. A copy of every audit, internal or external, performed by any insurer of any aspect of its motor vehicle books and business records shall be submitted immediately upon completion to the commissioner.  (c) The commissioner shall assess and collect from each insurer, self-insurer, and from every applicant for a certificate of self-insurance or a license to transact a motor vehicle insurance and optional additional insurance business in this State, such portion of the full cost of every audit, inspection, examination, visitation, and other services related to motor vehicle insurance required by this or any other article, or performed by the commissioner in the commissioner's discretion under this article or this code, as the commissioner deems equitable in the rendering of the service. Assessments collected shall be paid into the compliance resolution fund.  (d)(1) Each insurer licensed to transact motor vehicle insurance or optional additional insurance business in this State shall provide the commissioner with periodic reports on every aspect of the motor vehicle insurance and the optional additional insurance business the insurer transacts in this State, including, but not limited to reports on the investment, reserve, reinsurance, loss and profit experience, ratemaking and schedules, claims received and paid; and  (2) Each insurer subject to this section shall, not less frequently than quarterly, maintain a report of the details of each claim received, claim paid, application for and sale of a motor vehicle insurance policy, each termination and renewal refusal notice posted, and each cancellation and refusal to renew effected on both motor vehicle insurance and optional additional insurance policy transactions. The insurer shall make available and submit a report to the commissioner at the commissioner's request.  (e) Any insurer failing to report information in the manner and within the time required by the commissioner, or failing fully to cooperate with the commissioner and the commissioner's staff in the fulfillment of their duties under this article and this code shall be subject to the penalty provided in section 431:14-117. [L 1987, c 347, pt of §2; am L 1997, c 251, §37; am L 1998, c 275, §15; am L 2003, c 212, §84; am L 2010, c 116, §1(19)]
HI Rev Stat § 431:10C-216 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10C-216 Annual review.

  §431:10C-216 Annual review. The commissioner shall periodically review and evaluate the motor vehicle insurance program described in this article, including an annual review of the premium rates, benefit payments and insurers' loss experience. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:10G-201 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10G-201 Making of motorcycle and motor scooter insurance rates.

  §431:10G-201 Making of motorcycle and motor scooter insurance rates. (a) All premium rates for motorcycle and motor scooter insurance shall be made in accordance with the following provisions:  (1) Rates shall not be excessive, inadequate, or unfairly discriminatory;  (2) Due consideration shall be given to:  (A) Past and prospective loss experience within and outside this State, catastrophe hazards, if any, reasonable margin for profit, and contingencies, dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers;  (B) Past and prospective expenses both country-wide and those specially applicable to this State in the sale and administration of motorcycles and motor scooters insurance; and  (C) Investment income from reserves, unearned insurance premiums, and other unearned proceeds received on account of motorcycle and motor scooter insurance sold, and all other factors that may be deemed relevant, if they are established to have a probable effect upon losses, expense, or rates, such as but not limited to types of vehicles, occupations, and involvement in past accidents;  (3) The systems of expense provisions included in the rates for use by any insurer or group of insurers may differ from those of other insurers or groups of insurers to reflect the requirements of the operating methods of any insurer or group with respect to any class of insurance, or with respect to any subdivision or combination thereof for which subdivision or combination separate expense provisions are applicable; and  (4) Risks may be grouped by classifications for the establishing of rates and minimum premiums. Classification rates may be modified to produce rates for individual risks in accordance with rating plans which establish standards for measuring variations in hazards or expense provisions, or both. The standards may measure any differences among risks that can be demonstrated to have a probable effect upon losses or expenses.  (b) Except to the extent necessary to meet the provisions of subsection (a)(4), uniformity among insurers in any matters within the scope of this section is neither required nor prohibited.  (c) After June 7, 1989, each insurer of a motorcycle or motor scooter shall provide a fifteen per cent reduction off premium charges each insurer assesses for each new and renewal policy for liability coverage issued pursuant to this article if the applicant has successfully completed a motorcycle education course approved by the department of transportation. [L 1989, c 208, pt of §1] Revision Note  "June 7, 1989" substituted for "the effective date of this section" pursuant to §23G-15. Case Notes  Discussed: 78 H. 325, 893 P.2d 176 (1995).
HI Rev Stat § 431:10G-202 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10G-202 Rate filings.

  §431:10G-202 Rate filings. (a) Every insurer shall file with the commissioner every manual of classification, rule, rate, rating plan, designation of rating territories, or standard for motorcycle or motor scooter insurance which it proposes to use. Every filing shall state the proposed effective date of the filing and the character and extent of the coverage contemplated.  (b) The commissioner also may accept from an advisory organization basic standards, manuals of classification, territories, endorsements, forms, and other materials, not dealing with rates, for reference filings by insurers.  (c) Each filing shall be accompanied by a $20 fee payable to the commissioner, which fee shall be deposited in the commissioner's education and training fund.  (d) A filing and any supporting information shall be open to the public upon filing with the commissioner. [L 1989, c 208, pt of §1] Cross References  Commissioner's education and training fund, see §431:2-214.
HI Rev Stat § 431:10G-203 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10G-203 Rate review: request by aggrieved party.

  §431:10G-203 Rate review: request by aggrieved party. (a) Any person aggrieved by the application as to such person of any classification, rule, standard, rate, or rating plan made, followed, or adopted by an insurer may make written request to the commissioner to review such application and grant the relief requested. If the commissioner finds that probable cause for the complaint exists or that the complaint charges a violation of this article, the commissioner shall conduct a hearing on the complaint according to the procedure set forth in section 431:14-118.  (b) If, after a hearing conducted pursuant to subsection (a), the commissioner finds that the complainant is entitled to relief or that any classification, rule, standard, rate, rating territory, or rating plan violates this article, the commissioner shall issue an order granting the complainant's claim for relief or prohibiting the insurer from using such classification, rule, standard, rate, rating territory, or rating plan. The order shall contain the commissioner's findings of fact and conclusions of law, including a specification of the respects in which a violation of this article exists and specifying a reasonable time period within which the insurer shall comply with the terms of the order. Any such order shall be subject to judicial review in the manner provided in chapter 91. [L 1989, c 208, pt of §1]
HI Rev Stat § 431:10G-204 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10G-204 Rate review: rate methods in noncompliance with article.

  §431:10G-204 Rate review: rate methods in noncompliance with article. (a) If the commissioner has good cause to believe that a classification, rule, standard, rate, rating territory, or rating plan made, followed, or adopted by an insurer does not comply with the requirements of this article, the commissioner shall, unless the commissioner has good cause to believe that such noncompliance is wilful, give notice in writing to each insurer, stating in what manner and to what extent such noncompliance is alleged to exist and specifying a reasonable time, not less than ten days thereafter, within which such noncompliance may be corrected. Notices under this subsection shall be confidential as between the commissioner and the parties unless a hearing is held as provided in subsection (b).  (b) If the commissioner has good cause to believe such noncompliance to be wilful, or if, within the period prescribed by the commissioner in the notice given under subsection (a), the insurer does not:  (1) Correct the noncompliance specified by the commissioner; or  (2) Establish to the satisfaction of the commissioner that such noncompliance does not exist, then the commissioner may proceed with a hearing which shall be subject to the hearing procedure provided in section 431:14-118. [L 1989, c 208, pt of §1]
HI Rev Stat § 431:10G-206 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:10G-206 Rate administration.

  §431:10G-206 Rate administration. Except as otherwise provided in this article, the commissioner shall implement and evaluate motorcycle and motor scooter insurance rates in compliance with article 14. [L 1989, c 208, pt of §1]