reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-205 Interest of the insured.

§431:10-205 Interest of the insured.
When the name of a person intended to be insured is specified in the policy, the insurance can be applied only to the person's own proper interest. This section shall not apply to life insurance or accident and health or sickness insurance. [L 1987, c 347, pt of §2; am L 2002, c 155, §40]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-206 Application for insurance: consent of insured required.

§431:10-206 Application for insurance: consent of insured required.
No life insurance or accident and health or sickness insurance contract upon an individual shall be made or effectuated unless at the time of the making of the contract the individual insured, being of competent legal capacity to contract, applies for or consents to the insurance in writing, except in the following cases:
(1) A spouse may effectuate such insurance upon the other spouse.
(2) Any person having an insurable interest in the life of a minor, or any person upon whom a minor is dependent for support and maintenance, may effectuate insurance upon the life of or pertaining to the minor.
This section shall not apply to contracts of group life insurance or of group or blanket disability insurance as defined in this code. [L 1987, c 347, pt of §2; am L 2002, c 155, §41]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-207 Alteration of application.

§431:10-207 Alteration of application.
(a) Any written application for insurance which is attached to and made a part of the insurance contract shall be altered solely by the applicant or with the applicant's written consent, except that insertions may be made by the insurer for administrative purposes in such manner as to indicate clearly that the insertions are not to be ascribed to the applicant.
(b) No person shall falsify or cause to be falsified any answer to a question set forth in an insurance application. Except as provided in subsection (a), no person shall insert or cause to be inserted in the application any statement other than the statement made by the applicant.
(c) Any insurer issuing an insurance contract upon an application which has been unlawfully altered by its officer, employee, producer, or agent shall not have available, in any action arising out of the contract, any defense which is based upon the fact of such alteration, or as to any item in the application which was so altered. [L 1987, c 347, pt of §2; am L 2002, c 155, §42]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-208 Limitations on use of application as evidence.

§431:10-208 Limitations on use of application as evidence.
(a) No application for the issuance of any life insurance contract shall be admissible in evidence in any action relative to such contract, unless a true copy of the application was attached to or made a part of the policy when issued and delivered. A copy or reproduction of the application or medical examination, if any, may be used if clearly legible. This subsection shall not apply to contracts of industrial life insurance.
(b) If any policy of life insurance or accident and health or sickness insurance delivered in this State is reinstated or renewed, and the insured or the beneficiary or assignee of the policy makes written request to the insurer for a copy of the application for reinstatement or renewal, within thirty days of receipt of such request at any of its offices, the insurer shall deliver or mail a copy of the application to the person making the request. If the copy is not so delivered or mailed, the insurer shall be precluded from introducing the application as evidence in any action or proceeding based upon or involving the policy or its reinstatement or renewal.
(c) No application for insurance signed by the insurer shall be admissible in evidence in any action between the insured and the insurer arising out of the policy applied for, if the insurer fails to furnish the insured a copy of the application, reproduced by any legible means, within thirty days after receipt by the insurer of insured's written demand for a copy. This subsection also applies in instances when the application is signed on behalf of the insured and the reproduction request is made on behalf of the insured. This subsection shall not apply to life insurance contracts. [L 1987, c 347, pt of §2; am L 2002, c 155, §43]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-209 Warranties, misrepresentations in applications.

§431:10-209 Warranties, misrepresentations in applications.
All statements or descriptions in any application for an insurance policy or in negotiations therefor, by or on behalf of the insured, shall be deemed to be representations and not warranties. A misrepresentation shall not prevent a recovery on the policy unless made with actual intent to deceive or unless it materially affects either the acceptance of the risk or the hazard assumed by the insurer. [L 1987, c 347, pt of §2]
Case Notes
A misrepresentation need only relate to the insurer's decision to insure the risk. 26 F.3d 957 (1994).
Insured's failure to disclose prior prescription drug abuse, prior psychiatric treatments and previous claim for disability benefits were material for purposes of insurer's policy rescission action. 26 F.3d 957 (1994).
Where plaintiffs contended that their breach of marine insurance policy's captain warranty qualified as a "misrepresentation" within the meaning of this section, this provision applied only to statements or descriptions in an application for an insurance policy or in negotiations therefor. 281 F.3d 803 (2002).
Insured's misrepresentation of smoking history on life insurance policy application was material within meaning of this section such that recovery on policy was barred. 795 F. Supp. 1036 (1992).
Insurer entitled to rescind disability policy under this section where insured's application contained misrepresentations material to risk assumed by insurer in its decision to issue the policy. 820 F. Supp. 1241 (1993).
No summary judgment where insurer failed to show there was no genuine issue of material fact as to whether insured would have been denied insurance if insured's application made insurer aware of insured's previous losses. 80 H. 491 (App.), 911 P.2d 126 (1996).
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-211 Content of policies in general.

§431:10-211 Content of policies in general.
(a) A policy shall specify:
(1) The names of the parties to the contract. The insurer's name shall be clearly shown in the policy;
(2) The subject of the insurance;
(3) The risks insured against and the amount of insurance;
(4) The time at which the insurance under the policy takes effect, and the period during which the insurance is to continue or the method of determining the period;
(5) A statement of the premium or premium rate; and
(6) The conditions pertaining to the insurance.
(b) If under the contract the exact amount of premiums is determinable only at termination of the contract or at periodic intervals of the contract, a statement of the basis and rates upon which the final premium is to be determined and paid shall be furnished any policy examining bureau having jurisdiction or to the insured upon request.
(c) This section shall not apply to surety insurance or to group insurance contracts. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-211.3 Commercial general liability extended reporting requirements.

§431:10-211.3 Commercial general liability extended reporting requirements.
Any policy for commercial general liability coverage wherein the insurer shall offer and the insured may elect to purchase an extended reporting period for claims arising during the expiring policy period shall provide that:
(1) In the event of a cancellation, there shall be a thirty-day period during which the insured may elect to purchase coverage for the extended reporting period;
(2) The limit of liability in the policy aggregate for the extended reporting period shall be one hundred per cent of the expiring policy aggregate; and
(3) The insurer shall provide the following loss information to the first named insured within thirty days of the insured's request or upon any notice of cancellation or nonrenewal:
(A) All information on closed claims including the date and description of occurrence and amount of payments, if any;
(B) All information on open claims including the date and description of occurrence, amount of payment, if any, and amount of reserves, if any; and
(C) All information on notices of occurrence including the date and description of occurrence and amount of resources, if any. [L 2006, c 189, §1]
Revision Note
Subsection designation deleted pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-211.5 Premium waiver provisions; restrictions.

§431:10-211.5 Premium waiver provisions; restrictions.
(a) Whenever an insurance policy contains a provision or a rider for the waiver of premiums in the event of the total disability of the named insured, the waiver of premiums shall be applicable throughout the period of total disability or for the balance of the waiver period specified in the policy or the rider, whichever is shorter. To qualify for the premium waiver, the insured shall submit a certificate from a physician who is selected by the insured which attests to the insured's medical condition and states the period that the condition will last. If the period that the condition will last cannot be established with reasonable medical certainty, the physician shall state an opinion of the period during which the condition is likely to persist. If the insurer does not accept the insured's physician's diagnosis or estimate of the period that the condition will last, the insured will be examined by a second physician selected by the insurer at the insurer's expense. The insurer will accept the second physician's diagnosis and estimate of the period that the condition will last in order to determine total disability and waiver of premium benefits to be provided. The insured will be furnished with copies of all physicians' reports.
The insurer will also furnish the insured with an explanation of the insurer's decision regarding the total disability under the terms of the contract and the expected period it will last.
If the insured does not agree with the insurer's decision, the insured may appeal to the insurance commissioner within thirty days following receipt of the written notice of insurer's decision.
(b) When the insurer has determined there is total disability and the probable period that it will last, the insurer shall require further certification during the stated period of disability or probable disability only at its expense and not more often than once in any three calendar years, unless there is evidence of a change of circumstances that indicate a change in the medical condition of the insured.
(c) If a claim for premium waiver has been filed after expiration of the grace period specified in the insurance policy, and the qualifying disability has been proved, and the policy owner has demonstrated good faith and honest error justifying the late filing for premium waiver, the insurer shall refund premiums paid after the date the premium waiver would have been effective if the claim had been filed within the period specified in the policy for filing claims. [L 1989, c 336, §1]
Note
Derivation. L 1987, c 250, §1 and L 1989, c 276, §2.
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-212 Contract limitations for handicapped children and children with intellectual disabilities.

§431:10-212 Contract limitations for handicapped children and children with intellectual disabilities.
Every individual life insurance policy, every group life insurance policy, and every hospital or medical expense insurance policy, delivered or issued for delivery in this State after May 8, 1968, which provides that coverage of a dependent child shall terminate upon attainment of the limiting age for dependent children specified in the policy, shall also provide in substance that attainment of such limiting age shall not operate to terminate coverage of such child while the child is and continues to be:
(1) Incapable of self-sustaining employment by reason of intellectual disability or physical handicap, and
(2) Chiefly dependent upon the policyholder for support and maintenance,
provided proof of such incapacity and dependency is furnished to the insurer by the policyholder within thirty-one days of the child's attainment of the limiting age and subsequently as may be required by the insurer, but not more frequently than annually after the two-year period following child's attainment of the limiting age. [L 1987, c 347, pt of §2; am L 2011, c 220, § §6, 12]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-214 Right to return policy.

§431:10-214 Right to return policy.
(a) There shall be printed on or attached to every individual life insurance policy and every individual accident and health or sickness insurance policy issued for delivery in this State a notice in ten-point bold type stating in substance that the person to whom the policy is issued is entitled to return the policy or contract within ten days of its receipt by the purchaser and to have the premium paid refunded if the purchaser is not satisfied with it for any reason. If, pursuant to such notice, a purchaser mails or delivers the policy to the company or association at its home or branch office or to the producer through whom it was purchased, it shall be void from the beginning and the parties shall be in the same position as if no policy had been issued. When an individual life insurance policy is mailed or delivered by the purchaser within the ten-day period, the insurer may be reimbursed for the actual medical examination expenses incurred in processing the policy or contract, provided the foregoing notice includes a statement to this effect.
(b) This section shall not apply to single premium nonrenewable policies or travel accident policies. [L 1987, c 347, pt of §2; am L 2002, c 155, §44]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-215 Readjustment of premiums; dividends.

§431:10-215 Readjustment of premiums; dividends.
(a) Any contract of group disability insurance or group life insurance may provide for the readjustment of the rate of premium based on experience at the end of the first year or of 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 group insurance policy, the excess 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 insured persons, or by a union or association to which insured persons belong, 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]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-216 Additional contents.

§431:10-216 Additional contents.
A policy may contain additional provisions, which are not inconsistent with this part, and which are:
(1) Required to be inserted by the laws of the insurer's state of domicile; or
(2) Appropriate or necessary to state the rights and obligations of the parties to the contract. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-217 Charter, bylaw provisions.

§431:10-217 Charter, bylaw provisions.
No policy shall contain any provision purporting to make any portion of the charter, bylaws or other constituent document of the insurer a part of the contract unless that portion is set forth in full in the policy. Any policy provision in violation of this section shall be invalid. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-218 Stated premium must include all charges.

§431:10-218 Stated premium must include all charges.
(a) The premium stated in the policy shall be inclusive of all fees, charges, premiums, or other consideration charged for the insurance or for its procurement. This subsection shall not apply to surety or group insurance contracts.
(b) No insurer or its officer, employee, producer, or other representative shall charge or receive any fee, compensation, or consideration for insurance which is not included in the premium specified in the policy. [L 1987, c 347, pt of §2; am L 2002, c 155, §45]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-219 Multi-peril policies, premiums stated separately.

§431:10-219 Multi-peril policies, premiums stated separately.
Each insurer issuing a multi-peril policy shall provide the policyholder with a written statement separately stating the premiums and the amounts of insurance or limits of liability for fire and allied lines, inland marine, general liability, crime and each optional coverage, and shall state all pertinent rating factors including classifications, premium basis and rates used in the computation of the final premium. This section shall not apply to homeowners policies. [L 1987, c 347, pt of §2; am L 1989, c 228, §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-220 Policy must contain entire contract.

§431:10-220 Policy must contain entire contract.
(a) No agreement in conflict with, modifying, or extending any contract of insurance shall be valid unless in writing and made a part of the policy.
(b) No insurer or its representatives shall make any insurance contract or agreement relative thereto that is not plainly expressed in the policy.
(c) The requirements of this section shall not apply to the granting of additional benefits to all policyholders of the insurer, or a class or classes of them, which do not require increases in premium rates or reduction or restrictions of coverage. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-221 Prohibited policy provisions: limiting actions and jurisdictions.

§431:10-221 Prohibited policy provisions: limiting actions and jurisdictions.
(a) No insurance contract delivered or issued for delivery in this State and covering subjects located, resident or to be performed in this State, shall contain any condition, stipulation or agreement:
(1) Requiring it to be construed according to the laws of any state or country except as necessary to meet the requirements of the motor vehicle financial responsibility laws or compulsory disability benefit laws of such other state or country; or
(2) Depriving the courts of this State of the jurisdiction of action against the insurer; or
(3) Limiting right of action against the insurer to a period of less than one year from the time when the cause of action accrues in connection with all insurances other than property and marine and transportation insurances. In contracts of property insurance, or of marine and transportation insurance, the limitation shall not be to a period of less than one year from the date of the loss.
(b) Any such condition, stipulation or agreement in violation of this section shall be void, but such voiding shall not affect the validity of the other provisions of the contract. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-222 Construction industry; indemnity agreements invalid.

§431:10-222 Construction industry; indemnity agreements invalid.
Any covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair or maintenance of a building, structure, appurtenance or appliance, including moving, demolition or excavation connected therewith, purporting to indemnify the promisee against liability for bodily injury to persons or damage to property caused by or resulting from the sole negligence or wilful misconduct of the promisee, the promisee's agents or employees, or indemnitee, is invalid as against public policy, and is void and unenforceable; provided that this section shall not affect any valid workers' compensation claim under chapter 386 or any other insurance contract or agreement issued by an admitted insurer upon any insurable interest under this code. [L 1987, c 347, pt of §2]
Cross References
Insurance policies issued to construction professionals, see §431:1-217.
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-222.5 Pooled insurance.

§431:10-222.5 Pooled insurance.
(a) Insurers may offer pooled insurance which allows liability insurance and all other types of insurance required by law, not including prepaid health insurance, to be obtained for a construction project. Pooled insurance may be purchased by:
(1) The State and its public instrumentalities for specific public works construction projects, or any other construction project in the public interest which is publicly financed in whole or in part; or
(2) A private person or legal entity subject to the State's tax laws for a specific construction project.
Pooled insurance shall be limited to those construction projects that are estimated to cost $50,000,000 or more for the total construction project.
(b) For purposes of this section, "pooled insurance" means an insurance policy or policies from licensed private insurers which cover the liability of all developers, contractors, and subcontractors, for their performance directly related to the project. The insurance policy or policies shall cover only a specific public works or private construction project and shall be in effect for the limited period of time required to complete construction of that project; provided that the policy or policies shall cover claims in accordance with the terms of the policy or policies and within the applicable statute of limitations for those claims.
(c) The State, its public instrumentalities, or a private person or entity may obtain a pooled insurance policy or policies and seek contributions or reimbursements of premiums from any contractor or subcontractor who is included as a named insured. In the alternative to the preceding, the State, its instrumentalities, or a private person or entity may arrange a premium payment guarantee from any contractor or subcontractor included as a named insured.
(d) As used in this section, "contractors" and "subcontractors" do not include architects and engineers.
(e) Nothing in this section shall be construed to alter or nullify the liability of any party to the State for claims arising from a public works construction project.
(f) In cases of conflict with section 386-124, this section shall control.
(g) For purposes of this section, the phrases "specific construction project", "specific public works construction projects, or any other construction project in the public interest", and "total construction project" shall include those projects that may have multiple sites, and projects that involve ongoing construction in phases. [L 1996, c 224, §1; am L 1998, c 268, §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-223 Underwriters and combination policies.

§431:10-223 Underwriters and combination policies.
Two or more authorized insurers may together issue:
(1) An underwriters policy bearing their names upon which their liability shall be joint and several. Any one insurer may issue policies in the name of an underwriter's department provided the policies shall plainly show the true name of the insurer.
(2) With the commissioner's approval, a combination policy which shall contain provisions substantially as follows:
(A) That the insurers shall be severally liable according to the terms of the policy for the full or specified amount of, or percentage of, any loss or damage aggregating the full amount of insurance under the policy.
(B) That service of process, or of any notice or proof of loss required by the policy, upon any of the insurers executing the policy, shall constitute service upon all such insurers.
This section shall not apply to co-surety obligations. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-224 Execution of policies.

§431:10-224 Execution of policies.
(a) Every insurance contract shall be executed in the name of and on behalf of the insurer by its officer, employee or authorized representative.
(b) A facsimile signature of any executing officer, employee or representative may be used in lieu of an original signature.
(c) The facsimile signature of any person not authorized to execute contracts as of the date of the policy will not invalidate an otherwise valid insurance contract. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-225 Delivery of policy.

§431:10-225 Delivery of policy.
(a) Subject to the insurer's requirements as to payment of premium, every policy shall be mailed or delivered to the insured or to the person entitled thereto within a reasonable period of time after its issuance.
(b) In the event the original policy is delivered or is so required to be delivered to or for deposit with any seller, mortgagee or pledgee of any motor vehicle or aircraft, and in which policy any interest of the purchaser, mortgagor or pledgor in or with reference to such vehicle or aircraft is insured, a duplicate of the policy or memorandum setting forth the type of coverage, limits of liability, premiums for the respective coverages, and duration of the policy, shall be delivered by the seller, mortgagee or pledgee to each such purchaser, mortgagor or pledgor named in the policy or coming within the group of persons designated in the policy to be so included. If the policy does not provide coverage of legal liability for injury to persons or damage to the property of third parties, a conspicuous statement of such fact shall be printed, written or stamped on the face of the duplicate policy or memorandum. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-226 Renewal of policy; new policy not required.

§431:10-226 Renewal of policy; new policy not required.
At the option of the insurer, any insurance policy terminating at a specified expiration date and not otherwise renewable, may be renewed or extended, upon a currently authorized policy form and at the premium rate then required for a specific additional period or periods by a certificate or by endorsement of the policy. The issuance of a new policy is not required. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-226.5 Notice of cancellation or nonrenewal.

§431:10-226.5 Notice of cancellation or nonrenewal.
In the case of cancellation of a policy, the insurer shall give written notice to the insured not fewer than ten days prior to the effective date of cancellation. For nonrenewal of a policy, the insurer shall give written notice to the insured not fewer than thirty days prior to the effective date of nonrenewal. If under title 24 or a policy, a longer time period is required for a notice of cancellation or nonrenewal for the policy, the longer period shall be applicable. Cancellation or nonrenewal shall not be deemed valid unless evidence of mailing is provided. [L 2000, c 182, §3]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-227 Retroactive annulment of liability policies prohibited.

§431:10-227 Retroactive annulment of liability policies prohibited.
No contract insuring against loss through liability for the bodily injury or death by accident of any individual shall be retroactively annulled by any agreement between the insurer and the insured after the occurrence of such injury or death for which the insured may be liable. The prohibition on retroactive annulment of liability shall also apply to contracts insuring against damage to the property of any person. Any such annulment or attempted annulment shall be void. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-228 Assignment of policies.

§431:10-228 Assignment of policies.
(a) A policy may be assignable or not assignable, as provided by its terms.
(b) Subject to the terms of the policy, any policy providing the beneficiary may be changed upon the sole request of the insured, may be assigned by either pledge or transfer of title, executed by the insured alone, and delivered to the insurer, regardless of whether the insurer is the pledgee or assignee. Any such assignment shall entitle the insurer to deal with the assignee as the owner or pledgee of the policy in accordance with the terms of the assignment until the insurer has received at its home office written notice of termination of the assignment or pledge, or written notice by or on behalf of some other person claiming some interest in the policy in conflict with the assignment. [L 1987, c 347, pt of §2]
Case Notes
Because Hawaii law requires every insurance policy to be subject to the general rules of contract construction, and an assignment by operation of law is merely an extension of the common law tort rule of successor liability, trial court erred in concluding that an assignment by operation of law was consistent with Hawaii's rules governing construction of insurance policies. 117 H. 357, 183 P.3d 734 (2007).
Where insurance policies contained a no assignment clause that required the consent of the insurer to bind it to any assignment made by the named insured, and named insured assignor did not obtain any of the insurers' consent prior to the assignment, assignee was not an insured under any of the insurers' policies and was therefore not owed duties to defend or indemnify by insurers. 117 H. 357, 183 P.3d 734 (2007).
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-229 Dividends payable to the real party.

§431:10-229 Dividends payable to the real party.
(a) Every insurer issuing participating policies, shall pay dividends, unused premium refunds, or savings distributed on account of any such policy, only to:
(1) The real party in interest entitled thereto as shown by the insurer's records, or
(2) Any person to whom the right thereto has been assigned in writing of record with the insurer, or
(3) Any person to whom the right thereto has been given in the policy by the real party in interest.
(b) Any person who is shown by the insurer's records to have paid for the person's own account, or to have been ultimately charged for, the premium for insurance provided by a policy in which another person is the nominal insured, shall be deemed the real party in interest proportionate to premium so paid or so charged. This subsection shall not apply as to any such dividend, refund or distribution which would amount to less than $1.
(c) This section shall not apply to contracts of group life insurance, group annuities, or group disability insurance, nor to any policy which contains a provision specifying to whom the dividend shall be paid, nor to policies issued prior to January 1, 1956. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-230 Payment discharges insurer.

§431:10-230 Payment discharges insurer.
Whenever the proceeds of, or payments under, a policy or contract for life insurance, or accident and health or sickness insurance become payable in accordance with the terms of the policy or the exercise of any right or privilege under the policy, and the insurer makes payments in accordance with the terms of the policy or with a written assignment pursuant to section 431:10-229, the person designated in the policy or by the assignment as being entitled to the proceeds or payments, shall be entitled to receive them and to give full acquittance for such payment. Such payment by the insurer shall fully discharge the insurer from all claims under the policy unless before the payment is made, the insurer has received at its home office written notice, by or on behalf of some other person, that such other person claims to be entitled to such payment or some interest in the policy. [L 1987, c 347, pt of §2; am L 2002, c 155, §46]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-231 Exemption of proceeds; accident and health or sickness.

§431:10-231 Exemption of proceeds; accident and health or sickness.
The proceeds of all contracts of accident and health or sickness insurance and of provisions providing benefits on account of the insured's disability which are supplemental to life insurance or annuity contracts shall be exempt from all liability for any debt of the insured, and from any debt of the beneficiary existing at the time the proceeds are made available for the beneficiary's use. [L 1987, c 347, pt of §2; am L 2002, c 155, §47]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-232 Exemption of proceeds; life, endowment and annuity.

§431:10-232 Exemption of proceeds; life, endowment and annuity.
(a) All proceeds payable because of the death of the insured and the aggregate net cash value of any or all life and endowment policies and annuity contracts payable to a spouse of the insured, or to a child, parent or other person dependent upon the insured, whether the power to change the beneficiary is reserved to the insured or not, and whether the insured or the insured's estate is a contingent beneficiary or not, shall be exempt from execution, attachment, garnishment, or other process, for the debts or liabilities of the insured incurred subsequent to May 19, 1939, except as to premiums paid in fraud of creditors within the period limited by law for the recovery of such payments.
(b) When the terms of any life or endowment policy or annuity contract require that the proceeds thereof be retained by the insurer upon the death of the insured, or other maturity of the policy or contract, for payment to any beneficiary other than the insured in accordance with a settlement plan selected by the insured, the beneficiary shall have no right or power, nor shall the beneficiary be permitted by any insurer, to commute, encumber, assign, or otherwise anticipate the beneficiary's interests under the plan if the right or power is expressly denied the beneficiary by the terms of the contract or policy. If the beneficiary under the settlement plan is or was the spouse of the insured, or a child, parent or other person dependent upon the insured, the beneficiary's interests thereunder, in any case, shall be exempt from execution, attachment, garnishment, or other process for the beneficiary's debts or liabilities incurred after December 31, 1955.
(c) This section does not apply to group life insurance. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-233 Exemption of proceeds; group life.

§431:10-233 Exemption of proceeds; group life.
(a) A policy of group life insurance or the proceeds thereof payable to the individual insured or to the beneficiary thereunder, shall not be liable, either before or after payment, to be applied to any legal or equitable process to pay any liability of any person having a right under the policy. The proceeds of the policy, when not made payable to a named beneficiary or to a third person pursuant to a facility-of-payment clause, shall not constitute a part of the estate of the individual insured for the payment of the insured's debts.
(b) This section shall not apply to group life insurance policies issued under section 431:10D-203 to the extent that the proceeds are applied to payment of the obligation for the purpose of which the insurance was so issued. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-234 Spouses' and reciprocal beneficiaries' right in life insurance policy.

§431:10-234 Spouses' and reciprocal beneficiaries' right in life insurance policy.
(a) Every life insurance policy made payable to or for the benefit of the spouse or the reciprocal beneficiary of the insured, and every life insurance policy assigned, transferred, or in any way made payable to a spouse or reciprocal beneficiary, or to a trustee for the benefit of a spouse or a reciprocal beneficiary, regardless of how the assignment or transfer is procured, shall, unless contrary to the terms of the policy, inure to the separate use and benefit of such spouse or reciprocal beneficiary.
(b) Without the consent of one's spouse or reciprocal beneficiary, a married person or an individual who is registered as a reciprocal beneficiary, may contract, pay for, take out, and hold a policy on the life or health of one's spouse, reciprocal beneficiary, or children, or against loss by such spouse, or reciprocal beneficiary, or children due to disablement by accident. Premiums paid on the policy by a married person or reciprocal beneficiary shall be held to have been that person's separate estate, and the policy shall inure to the use and benefit of that person and that person's children, free from any claim by the spouse, or reciprocal beneficiary, or others. [L 1987, c 347, pt of §2; am L 1997, c 383, §58]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-235 Forms for proof of loss furnished.

§431:10-235 Forms for proof of loss furnished.
Upon written request of any person claiming to have a loss under any insurance contract, an insurer shall furnish forms of proof of loss for completion by the person. The insurer shall not, by reason of the requirement to furnish forms, have any responsibility for or with reference to the completion of the proof of loss form or the manner of completion or attempted completion. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-236 Claim administration not waiver.

§431:10-236 Claim administration not waiver.
None of the following acts by or on behalf of an insurer shall be deemed to constitute a waiver of any provision of a policy or of any defense of the insurer under the policy:
(1) Acknowledgment of the receipt of notice of loss or claim under the policy.
(2) Furnishing forms for reporting a loss or claim, for giving information relative thereto, for making proof of loss, or receiving or acknowledging receipt of such forms or proof completed or uncompleted.
(3) Investigating any loss or claim under any policy or engaging in negotiations looking toward a possible settlement of any such loss or claim. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-237 Construction of policies.

§431:10-237 Construction of policies.
Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy, and as amplified, extended, restricted, or modified by any rider, endorsement or application attached to and made a part of the policy. [L 1987, c 347, pt of §2]
Cross References
Insurance policies issued to construction professionals, see §431:1-217.
Case Notes
Homeowner's and umbrella policies and exclusions construed as to grandparents' claims based on grandchild's injury; no coverage for claims for loss of society, companionship, etc.; questions of fact existed as to whether claims for emotional distress were covered under the policies. 80 F. Supp. 3d 1116 (2015).
Waiting period exclusion in insurance policy requiring completion of three months of continuous active service for employee to be eligible for benefits was clear and unambiguous since term "employee" must be read and construed according to its meaning as defined in the policy as one employed on a regular full-time permanent basis. 72 H. 531, 827 P.2d 635 (1992).
Because Hawaii law requires every insurance policy to be subject to the general rules of contract construction, and an assignment by operation of law is merely an extension of the common law tort rule of successor liability, trial court erred in concluding that an assignment by operation of law was consistent with Hawaii's rules governing construction of insurance policies. 117 H. 357, 183 P.3d 734 (2007).
Cited: 451 F. Supp. 2d 1147 (2006); 725 F. Supp. 2d 1219 (2010); 877 F. Supp. 2d 993 (2012); 73 H. 385, 834 P.2d 279 (1992); 73 H. 552, 836 P.2d 1074 (1992).
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-238 Validity of noncomplying forms.

§431:10-238 Validity of noncomplying forms.
Any insurance policy, rider or endorsement hereafter issued and otherwise valid, is not rendered invalid by the inclusion of any condition or provision not in compliance with the requirements of this part, but shall be construed and applied in accordance with such conditions and provisions as would have applied had the policy, rider or endorsement been in full compliance with this code. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-239 Intervening breach.

§431:10-239 Intervening breach.
If any breach of warranty or condition in any insurance contract occurs prior to a loss under the contract, the breach shall not avoid the contract nor avail the insurer to avoid liability, unless the breach exists at the time of loss. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-240 Insurance contracts; punitive damages.

§431:10-240 Insurance contracts; punitive damages.
Coverage under any policy of insurance issued in this State shall not be construed to provide coverage for punitive or exemplary damages unless specifically included. [L 1987, c 347, pt of §2]
Law Journals and Reviews
Punitive Damages in Hawaii: Curbing Unwarranted Expansion. 13 UH L. Rev. 659 (1991).
Case Notes
Commercial general liability policy insurer was not liable for any punitive or exemplary damages awarded against insureds in underlying litigation, where none of the policies at issue provided for punitive or exemplary damages. 190 F. Supp. 3d 1003 (2016).
Cited: 243 F. Supp. 2d 1100 (2003); 877 F. Supp. 2d 993 (2012); 882 F. Supp. 2d 1180 (2012); 955 F. Supp. 2d 1121 (2013).
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-241 Venue in certain actions.

§431:10-241 Venue in certain actions.
An insured may bring a civil action against the insured's insurer in the state judicial circuit in which the insured resides or where the insured has its principal place of business provided the insured purchased the policy within the State. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-243 Interest upon proceeds of life insurance policies.

§431:10-243 Interest upon proceeds of life insurance policies.
(a) Except as provided in subsection (d), in the event an action to recover the proceeds due under a life insurance policy or annuity contract is commenced and results in a judgment against the insurer, interest shall be computed under subsection (c) and paid from the date of death of an insured or annuitant in connection with a death claim on a life insurance policy or annuity contract and from the date of maturity of an endowment or annuity contract to the date the verdict is rendered or the report or decision is made.
(b) Except as provided in subsection (d), in the event an action to recover is commenced and a settlement is reached before the verdict is rendered or the report or decision is made, interest on the settlement shall be computed under subsection (c) and paid from the date of death of an insured or annuitant in connection with a death claim on a life insurance policy or annuity contract to the date of payment and from the date of maturity of an endowment or annuity contract to the date of payment.
(c) In the event no action has been commenced, interest upon the principal sum paid to the beneficiary or policyholder shall be computed daily at the rate of interest currently paid by the insurer on proceeds left under the interest settlement option, but the rate of interest shall not be less than six per cent a year computed from the date of death of an insured or annuitant in connection with a death claim on a life insurance policy or annuity contract to the date of payment and from the date of maturity of an endowment or annuity contract to the date of payment, and shall be added to and be a part of the total sum paid.
(d) This section shall not require the payment of interest if, in connection with a death claim on a life insurance policy or annuity contract, the proceeds of the policy or contract is paid within thirty days from the date of death.
(e) This section shall not require the payment of interest for any period during which an insurer is required to pay interest under any state or federal law pertaining to interpleader.
(f) This section shall not apply to policies or contracts issued prior to June 2, 1977, which contain specific provisions to the contrary. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10-244 Filing procedure for contracts approved by commissioner.

§431:10-244
Filing procedure for contracts approved by commissioner.
Each insurance contract requiring approval by the commissioner pursuant to this code, section 392-48, or section 386-124 and each contract certified by the insurer to be in conformity with this code shall be accompanied by a $20 fee payable to the commissioner, which shall be deposited into the commissioner's education and training fund. [L 1988, c 363, §1; am L 2010, c 116, §1(14)]
Cross References
Commissioner's education and training fund, see §431:2-214.
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10A-102 Accident and health or sickness insurance policy defined.

§431:10A-102 Accident and health or sickness insurance policy defined.
The term, policy of accident and health or sickness insurance, includes any policy or contract covering the class of insurance described in section 431:1-205. [L 1987, c 347, pt of §2; am L 2002, c 155, §50]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10A-103 Family coverage defined.

§431:10A-103 Family coverage defined.
As used in this part, family coverage means a policy that insures, originally or upon subsequent amendment, an adult member of a family who shall be deemed the policyholder and any two or more eligible members of that family, including spouse, dependent children or any children under a specified age which shall not exceed nineteen years, and any other person dependent upon the policyholder. [L 1987, c 347, pt of §2; am L 1993, c 205, §21]
Attorney General Opinions
Section 431:10A-601 applied to all parts of article 10A if the category of policy under consideration included family coverage, as defined in this section. Att. Gen. Op. 97-10.