reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10C-410 Schedules.

§431:10C-410 Schedules.
The commissioner shall:
(1) Set rate schedules periodically, but not less frequently than annually, for all classes in accordance with this part and the criteria in paragraph (3), so that the total premium income, from all plan motor vehicle insurance, when combined with the investment income, shall annually fund the costs of all joint underwriting plan classes, the joint underwriting assigned claims plan, and the administration of the plans;
(2) Prior to setting rates in accordance with paragraph (1), hold a public hearing on the proposed rates to afford all interested persons an opportunity to be heard. Notice shall be published and the hearing shall be held in accordance with chapter 91;
(3) Establish rates for the following classes within the following restrictions:
(A) For the licensed public assistance driver, as defined in section 431:10C-407(b)(2)(A), or the licensed foster care driver, as defined in section 431:10C-407(b)(2)(C), no premium shall be assessed for the mandatory minimum personal injury protection, bodily injury, or property damage coverages; and all policies shall conform to section 431:10C-407(b)(2); and
(B) For the licensed physically handicapped driver, including drivers with any auditory limitation, defined in section 431:10C-407, no rate shall be set higher than that assessed a comparable driver without limitation, except that a higher rate may be surcharged under any applicable standard conforming with section 431:10C-409(3); and
(4) Set various systems and schedules of rates based upon the risks involved, the experience with various exposures, uses, and drivers, and may include the establishment of surcharges for specific risks, drivers, and uses for each of the enumerated classes except the classes limited under paragraph (3). [L 1987, c 347, pt of §2; am L 1997, c 251, §53; am L 1998, c 275, §33; am L 2006, c 289, §5]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10C-412 Adjustment and refund

§431:10C-412 Adjustment and refund
. The commissioner may:
(1) Adjust any rate to reflect any excess premiums charged during any premium year, or in any subsequent premium year; and
(2) Order a refund to any class. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10C-601 Agreement.

§431:10C-601 Agreement.
The applicant shall execute and file with the commissioner an agreement in a form prescribed by the commissioner, that if certified as a self-insurer the applicant shall:
(1) Permit the commissioner or an authorized representative to inspect and copy records and provide them copies of records pertaining to the self-insurer's financial condition, processing and payment of claims, and any other matters pertinent to the administration and enforcement of this article; and
(2) Provide all mandatory benefits required under this article and comply with all requirements of articles 10C and 13, and with the rules and directives of the commissioner, including, but not limited to, those relating to processing and payment of assessments and fees. [L 2000, c 24, pt of §3]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10C-602 Surety bond or deposit of security; proof of financial ability.

§431:10C-602 Surety bond or deposit of security; proof of financial ability.
An applicant for self-insurance shall:
(1) (A) File with the commissioner and maintain a bond of a surety company authorized to do business in the State, conditioned for the payment of benefits and amounts as would be payable if the applicant were insured under a motor vehicle insurance policy as prescribed in this article. The bond shall be in the form and penal sum acceptable to the commissioner, but in no event shall be less than $300,000, and shall provide that the bond may not be canceled or otherwise terminated until two years have elapsed from the last day the applicant was self-insured, unless the commissioner has given prior written consent. It shall be undertaken and may be enforced in the name of "Commissioner of Insurance, State of Hawaii". The surety company may not cancel the bond for the period of certification; or
(B) Deposit with the commissioner cash or those securities as may be legally purchased for investment by insurance companies under this chapter and evidence satisfactory to the commissioner that there are no unsatisfied judgments against the applicant. As used herein, "cash" includes an irrevocable letter of credit issued by a federally insured financial institution whose principal office is located in this State. Prior to the issuance of a certificate of self-insurance the securities and cash, if appropriate, shall be registered in the name of the "Commissioner of Insurance, State of Hawaii". The deposit shall be held to satisfy claims for personal injury protection benefits and liability coverage as prescribed in this article. The commissioner shall deposit the cash or securities with the director of finance. The applicant shall execute an agreement satisfactory in form to the commissioner with respect to the deposit. The cash or market value of the securities deposited shall be in an amount determined by the commissioner to afford security substantially equivalent to that afforded under a motor vehicle insurance policy, but in no event less than $300,000 and shall provide that the cash or securities shall not be withdrawn until two years have elapsed from the last day the applicant was self-insured, unless the commissioner has given prior written consent; and
(2) Furnish the commissioner satisfactory proof of the applicant's solvency and financial ability to timely pay benefits and amounts as would be payable if the applicant were insured under this article. The commissioner shall consider the assets, liabilities, profit, loss records, and liquidity of the applicant, the number of vehicles involved, the exposure, and other factors appropriate to determining whether the applicant qualifies as a self-insurer. [L 2000, c 24, pt of §3; am L 2004, c 122, §42]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10C-603 Proof of ability to process and pay claims promptly.

§431:10C-603 Proof of ability to process and pay claims promptly.
An applicant for self-insurance shall submit proof satisfactory to the commissioner that the applicant has retained an adjuster licensed under this chapter to provide a complete claims service to process and promptly pay claims in accordance with this article and article 13. During the period that the applicant is self-insured, the applicant shall immediately refer all claims to the adjuster for processing. From time to time, the commissioner may require a self-insurer to show that the self-insurer is continuing to maintain an effective claims service. [L 2000, c 24, pt of §3]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10C-604 Issuance of certificate of self-insurance.

§431:10C-604 Issuance of certificate of self-insurance.
The commissioner shall issue a certificate of self-insurance if:
(1) The applicant has provided the bond, cash, or securities and proof of qualification as a self-insurer affording security substantially equivalent to that afforded under a motor vehicle insurance policy; and
(2) The commissioner is satisfied that in case of injury, death, or property damage, any claimant would have the same rights against the self-insurer as the claimant would have had if a motor vehicle insurance policy was applicable. [L 2000, c 24, pt of §3]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10C-605 Duty to notify commissioner.

§431:10C-605 Duty to notify commissioner.
A self-insurer shall notify the commissioner in writing of any change in status of any motor vehicle which is self-insured, such as a transfer, sale, removal from the State, or any additional motor vehicle which the self-insurer desires to self-insure within ten working days after the change is effected. [L 2000, c 24, pt of §3]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10C-607 Revocation of certificate of self-insurance.

§431:10C-607 Revocation of certificate of self-insurance.
The commissioner may revoke a certificate of self-insurance for good cause at any time after providing notice and the opportunity for a hearing in accordance with chapter 91. Failure to comply with this article, rules, orders, or directives of the commissioner, or to pay any lawful fee or assessment is cause for revocation. Upon a revocation, the owner of any self-insured motor vehicle shall not operate or permit operation of the vehicle in the State until the owner has obtained insurance or has received a new certificate of self-insurance from the commissioner. [L 2000, c 24, pt of §3]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10C-608 Termination of self-insurer status and withdrawal of security deposit.

§431:10C-608 Termination of self-insurer status and withdrawal of security deposit.
(a) A person who terminates the person's status as a self-insurer or whose certificate of self-insurance has been revoked and who obtains a motor vehicle insurance policy for any formerly self-insured motor vehicle or shows that the person does not own any motor vehicle, may apply to the commissioner for the return of the person's security deposit or cancellation of the surety bond.
(b) After a lapse of twenty-four months from termination or revocation of self-insurer status and proof satisfactory to the commissioner that all claims have been fully adjudicated and paid, that all allotments and assessments have been paid, and that the owner has complied with the applicable provisions of this article, rules, orders, and directives of the commissioner, and provisions of the self-insurer's agreement, the commissioner may release the securities deposited or permit the cancellation of the bond. [L 2000, c 24, pt of §3]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10C-701 Definitions.

Note
"Part repealed September 1, 2021. L 2016, c 236, §6", as shown in the main volume, is deleted. L 2016, c 236, §6; L 2021, c 132, §2; L 2022, c 57, §4.
"Annual study and report to 2017-2021 legislature by insurance commissioner on impact of L 2016, c 236 on personal motor vehicle insurance policy rates in the State (repealed September 1, 2021). L 2016, c 236, § §3, 6", as shown in the main volume, is deleted.
Law Journals and Reviews
Regulating Ridesharing Platforms Through Tort Law. 39 UH L. Rev. 357 (2017).
§431:10C-701 Definitions.
[See Note at part heading.]
As used in this part:
"Personal vehicle" means a vehicle that is:
(1) Used by a transportation network company driver to provide a prearranged ride;
(2) Owned, leased, or otherwise authorized for use by the transportation network company driver; and
(3) Not a taxicab, limousine, or other for-hire vehicle.
"Prearranged ride" means the provision of transportation by a transportation network company driver to a passenger, beginning when a transportation network company driver accepts a passenger's request for a ride through a digital network or software application service controlled by a transportation network company, continuing while the transportation network company driver transports the requesting passenger, and ending when the requesting passenger, or the last passenger from the requesting passenger's party, departs from the personal vehicle. A prearranged ride shall not include transportation provided through a ridesharing arrangement, as defined in section 279G-1; use of a taxicab, limousine, or other for-hire vehicle; or a regional transportation provider.
"Transportation network company" means an entity that uses a digital network or software application service to connect passengers to transportation network company drivers; provided that the entity:
(1) Does not own, control, operate, or manage the personal vehicles used by transportation network company drivers; and
(2) Is not a taxicab association or a for-hire vehicle owner.
"Transportation network company driver" means an individual who operates a personal vehicle used to transport a passenger between points chosen by the passenger and prearranged through a transportation network company and that is:
(1) Owned, leased, or otherwise authorized for use by the individual;
(2) Not a taxicab or for-hire vehicle; and
(3) Used to provide prearranged rides to passengers. [L 2016, c 236, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10C-702 Relation to other laws.

§431:10C-702 Relation to other laws.
[See Note at part heading.]
Solely for the purposes of this article, neither a transportation network company nor a transportation network company driver shall be deemed to be a common carrier by motor vehicle, a contract carrier by motor vehicle, a motor carrier as defined in section 271-4, a taxicab, or a for-hire vehicle service. [L 2016, c 236, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10C-704 Records.

§431:10C-704 Records.
[See Note at part heading.]
(a) A transportation network company shall maintain:
(1) Global positioning system records and electronic records for each period while a transportation network company driver is logged onto the transportation network company's digital network or software application service or is engaged in a prearranged ride for at least five years from the date each prearranged ride was provided; and
(2) Transportation network company driver records at least until the five-year anniversary of the date on which a transportation network company driver's activation on the transportation network company digital network or software application service has ended.
(b) Records maintained under this section shall be made readily available for purposes of an accident investigation pursuant to section 431:10C-703(k) or resolving any other dispute related to transportation network company drivers while they are logged onto the transportation network company's digital network or software application service or while they are engaged in a prearranged ride, no later than ten days after receipt of a written request for such record. [L 2016, c 236, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10C-705 Disclaimers, waiver of liability, and indemnity agreements invalid.

§431:10C-705 Disclaimers, waiver of liability, and indemnity agreements invalid.
[See Note at part heading.]
None of the following agreements between a transportation network company or transportation network company driver and a passenger shall be valid or enforceable in this State:
(1) A disclaimer of liability of a transportation network company or transportation network company driver;
(2) A waiver, before the occurrence of an accident, of any claim or right to file a lawsuit by a passenger against a transportation network company or transportation network company driver; or
(3) An agreement by the passenger to defend, indemnify, or hold harmless a transportation network company or transportation network company driver. [L 2016, c 236, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10C-803 Exclusions in motor vehicle insurance policies.

§431:10C-803 Exclusions in motor vehicle insurance policies.
(a) Notwithstanding section 431:10C-802, an authorized insurer that writes motor vehicle insurance in the State may exclude any and all coverage and the duty to defend or indemnify any claim afforded under a shared car owner's motor vehicle insurance policy during the car-sharing period, including:
(1) Liability coverage for bodily injury and property damage;
(2) Personal injury protection coverage as set forth in section 431:10C-304;
(3) Uninsured and underinsured motorist coverage;
(4) Medical payments coverage;
(5) Comprehensive physical damage coverage; and
(6) Collision physical damage coverage.
(b) Except as required under section 431:10C-802, nothing in this part shall invalidate or limit an exclusion contained in a motor vehicle insurance policy, including any insurance policy in use or approved for use that excludes coverage for motor vehicles made available for rent, sharing, or hire. [L 2022, c 56, pt of §2, §5; am L 2023, c 210, §3]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10C-804 Recordkeeping; use of vehicle in peer-to-peer car-sharing.

§431:10C-804 Recordkeeping; use of vehicle in peer-to-peer car-sharing.
A peer-to-peer car-sharing program shall collect and verify records pertaining to the use of a shared car for each car-sharing program agreement, including:
(1) Dates and times of the car-sharing start time and the car-sharing termination time in the car-sharing program agreement;
(2) Dates and times of the car-sharing start time and car-sharing termination time;
(3) Itemized descriptions and amounts of all fees and costs charged to the shared car driver;
(4) Itemized descriptions and amounts of all fees and costs paid by the shared car driver;
(5) Itemized descriptions and amounts of all fees and costs paid to the shared car owner;
(6) The name and contact information of the shared car owner and the shared car driver; and
(7) The insurance policy number, effective date, coverage, and coverage amounts of each insurance policy that identifies the peer-to-peer car-sharing program, shared car owner, or shared car driver as the insured.
The peer-to-peer car-sharing program shall retain the records for a time period of not less than six years. Upon request, the peer-to-peer car-sharing program shall provide the information required by this section and any information relating to the peer-to-peer car-sharing agreement in its possession and control to the shared car owner, shared car owner's insurer, shared car driver, shared car driver's insurer, persons who have sustained injury or property damage involving a shared car, and police and other governmental entities to facilitate accident or claim coverage investigation. [L 2022, c 56, pt of §2, §5; am L 2023, c 210, §3]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10C-805 Right of recovery from peer-to-peer car-sharing program or its motor vehicle insurer.

§431:10C-805 Right of recovery from peer-to-peer car-sharing program or its motor vehicle insurer.
(a) A motor vehicle insurer that defends or indemnifies a liability claim against a shared car owner or shared car driver that is excluded under the terms of the shared car owner's or shared car driver's policy shall have a right to seek to recover from the peer-to-peer car-sharing program or its motor vehicle insurer if the liability claim is made against the shared car owner or shared car driver for injury or damage that occurs during the car-sharing period.
(b) A motor vehicle insurer that pays personal injury protection benefits for injury sustained by an occupant of, or by a pedestrian when struck by, a shared car when the obligation to pay personal injury protection benefits is excluded under the shared car owner's or shared car driver's policy shall have the right to seek to recover from the peer-to-peer car-sharing program or its motor vehicle insurer if the injury occurs during the car-sharing period.
(c) A motor vehicle insurer that pays uninsured motorist benefits or underinsured motorist benefits for injury sustained by an occupant of a shared car when the obligation to pay uninsured motorist benefits or underinsured motorist benefits is excluded under the shared car owner's or shared car driver's policy shall have the right to seek to recover from the peer-to-peer car-sharing program or its motor vehicle insurer if the injury occurs during the car-sharing period.
(d) A motor vehicle insurer that pays a shared car owner for loss or damage to a shared car that is excluded under the comprehensive physical damage coverage or collision physical damage coverage of the shared car owner's or shared car driver's policy shall have the right to seek to recover from the peer-to-peer car-sharing program or its motor vehicle insurer if the loss or damage to the shared car occurs during the car-sharing period. [L 2022, c 56, pt of §2, §5; am L 2023, c 210, §3]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10C-806 Insurable interest.

§431:10C-806 Insurable interest.
(a) Notwithstanding any law to the contrary, a peer-to-peer car-sharing program shall have an insurable interest in a shared car during the car-sharing period.
(b) In addition to the insurance coverage mandated by section 431:10C-802, a peer-to-peer car-sharing program may own and maintain as the named insured one or more policies of motor vehicle insurance that provides coverage for:
(1) Liabilities assumed by the peer-to-peer car-sharing program under a car-sharing program agreement;
(2) Any liability of the shared car owner; or
(3) Damage or loss to the shared car or any liability of the shared car driver. [L 2022, c 56, pt of §2, §5; am L 2023, c 210, §3]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10D-101 Scope.

Cross References
Civil relief for state military forces, see chapter 657D.
Risk-based capital for insurers, see § §431:3-401 to 431:3-414.
PART I. INDIVIDUAL LIFE INSURANCE, ANNUITIES
AND PURE ENDOWMENT CONTRACTS
§431:10D-101 Scope.
This part applies to contracts of life insurance and annuities other than group life insurance, group annuities and except as provided in section 431:10D-302, other than industrial life insurance. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10D-106 Reversionary annuities; standard provisions required.

§431:10D-106 Reversionary annuities; standard provisions required.
(a) No contract for a reversionary annuity shall be delivered or issued for delivery in this State unless it contains in substance the following:
(1) Provisions specified in subsection (a)(1) to (5) of section 431:10D-105, except that under subsection (a)(1) of section 431:10D-105 the insurer may at its option provide for an equitable reduction of the amount of the annuity payments in settlement of an overdue or deferred payment in lieu of providing for a deduction of such payments from an amount payable upon a settlement under the contract.
(2) Provision that the contract may be reinstated at any time within three years from the date of default in making stipulated payments to the insurer, upon production of evidence of insurability satisfactory to the insurer, and upon condition that all overdue payments and any indebtedness to the insurer on account of the contract be paid, or, within the limits permitted by the then cash values of the contract, reinstated, with interest as to both payments and indebtedness at a rate to be specified in the contract but not exceeding six per cent a year compounded annually.
(b) Any of the provisions not applicable to single premium annuities shall not, to that extent, be incorporated therein.
(c) This section shall not apply to annuities included in life insurance policies. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10D-108 Limitation of liability.

§431:10D-108 Limitation of liability.
(a) No policy of life insurance shall be delivered or issued for delivery in this State if it contains a provision limiting to less than three years the time within which an action at law or in equity may be commenced after the cause of action shall accrue.
(b) No policy of life insurance shall be delivered or issued for delivery in this State if it contains a provision which excludes or restricts liability for death caused in a certain specified manner or occurring while the insured has a specified status, except that the policy may contain provisions excluding or restricting coverage as specified therein in event of death under any one or more of the following circumstances:
(1) Death as a result directly or indirectly of war, declared or undeclared, or of any act or hazard of such war;
(2) Death as a result of aviation under conditions specified in the policy;
(3) Death as a result of a specified hazardous occupation or occupations;
(4) Death while the insured is a resident outside of the United States and Canada; or
(5) Death within two years from the date of issue of the policy as a result of suicide, while sane or insane.
(c) A policy which contains any exclusion or restriction pursuant to subsection (b) shall also provide that in the event of death under circumstances to which any such exclusion or restriction is applicable, the insurer will pay an amount not less than a reserve determined according to the valuation method prescribed in the minimum standard required by law upon the basis of the mortality table and interest rate specified in the policy for the calculation of nonforfeiture benefits (or if the policy provides no such benefits, computed according to a mortality table and interest rate determined by the insurer and specified in the policy) with adjustment for indebtedness or dividend credit.
(d) This section shall not apply to annuities and pure endowment contracts, or to any provision of a life insurance policy relating to disability benefits or to additional benefits in the event of death by accident or accidental means.
(e) An insurer may specify conditions pertaining to subsections (a), (b) and (c) which in the commissioner's opinion are more favorable to the policyholder. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10D-109 Scope of incontestable clauses.

§431:10D-109 Scope of incontestable clauses.
A clause in any policy of life insurance providing that such policy shall be incontestable after a specified period shall preclude only a contest of the validity of the policy, and shall not preclude the assertion at any time of defenses based upon provisions in the policy which exclude or restrict coverage, whether or not the restrictions or exclusions are excepted in the clause. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10D-110 Incontestability after reinstatement.

§431:10D-110 Incontestability after reinstatement.
The reinstatement of any policy of life insurance or contract of annuity delivered or issued for delivery in this State may be contestable on account of fraud or misrepresentation of facts material to the reinstatement only for the same period following reinstatement as the policy provides with respect to contestability after original issuance. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10D-111 Premium deposits.

§431:10D-111 Premium deposits.
(a) A life insurer may, under policy provisions or agreements, contract for and accept premium deposits in addition to the regular premiums specified in the policy, for the purpose of paying future premiums, to facilitate conversion of the policy, or to increase the benefits of the policy, according to this section.
(b) The unused accumulation from such deposits shall be held and accounted for as a premium deposit fund, and the policy or agreement shall provide for the manner of application of the premium deposit fund to the payment of premiums otherwise in default and for the disposition of the fund if it is not sufficient to pay the next premium.
(c) Such fund shall:
(1) Be available upon surrender of the policy, in addition to the cash surrender value;
(2) Be payable upon the insured's death or upon maturity of the policy; and
(3) Be paid to the insured whenever the cash surrender value together with the premium deposit fund equals or exceeds the amount of insurance provided by the policy, unless the amount of the deposit does not exceed that which may be required to facilitate conversion of the policy to another plan in accordance with its terms.
(d) No part of the premium deposit fund shall be paid to the insured during the continuance of the policy except at such times and in such amounts as is specified in the policy or in the deposit agreement. [L 1987, c 347, pt of §2; am L 2010, c 116, §1(20)]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10D-112 Policy settlements.

§431:10D-112 Policy settlements.
Any life insurer shall have the power to hold under agreement the proceeds of any policy issued by it, upon such terms and restrictions as to revocation by the policyholder and control by beneficiaries, and with such exemptions from the claims of creditors of beneficiaries other than the policyholder as set forth in the policy or as agreed to in writing by the insurer and the policyholder. Upon maturity of a policy in the event the policyholder has made no such agreement, the insurer shall have the power to hold the proceeds of the policy under an agreement with the beneficiaries. The insurer shall not be required to segregate funds so held but may hold them as part of its general assets. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10D-113 Indebtedness deducted from proceeds.

§431:10D-113 Indebtedness deducted from proceeds.
In determining the amount due under any life insurance policy issued, deduction may be made of:
(1) Any unpaid premiums or installments thereof for the current policy year due under the terms of the policy, and
(2) The amount of principal and accrued interest of any policy loan or other indebtedness against the policy then remaining unpaid, such principal increased by unpaid interest and compounded as provided in this part. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10D-114 Miscellaneous proceeds.

§431:10D-114 Miscellaneous proceeds.
Upon the death of the insured and except as is otherwise expressly provided by the policy or premium deposit agreement, a life insurer may pay to the surviving spouse, children, beneficiary, or person other than the insured's estate, appearing to the insurer to be equitably entitled to such payment, sums then held by it and comprising:
(1) Premiums paid in advance, if such premiums did not fall due prior to the death, or funds held on deposit for the payment of future premiums.
(2) Dividends theretofore declared on the policy and held by the insurer under the insured's option.
(3) Dividends becoming payable on or after the death of the insured. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10D-115 Dealing in dividends.

§431:10D-115 Dealing in dividends.
No life insurer nor any of its representatives, producers, or affiliates, shall buy, take by assignment other than in connection with policy loans, or otherwise deal or traffic in any rights to dividends existing under participating life insurance policies issued by the insurer. [L 1987, c 347, pt of §2; am L 2002, c 155, §71]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10D-116 Prohibited policy plans.

§431:10D-116 Prohibited policy plans.
No life insurer shall issue for delivery or deliver in this State any life insurance policy:
(1) Issued under any plan for the segregation of policyholders into mathematical groups and providing benefits for a surviving policyholder of a group arising out of the death of another policyholder of such group, or under any other similar plan.
(2) Providing benefits or values for surviving or continuing policyholders contingent upon the lapse or termination of the policies of other policyholders, whether by death or otherwise. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10D-117 Life franchise plan.

§431:10D-117 Life franchise plan.
Insurance may be issued pursuant to the provisions of this part on a franchise plan under the terms of which life insurance and annuities, other than group life insurance, group annuities and industrial life insurance, is issued to:
(1) Two or more employees of any corporation, co-partnership, or individual employer or any governmental corporation, agency or department thereof; or
(2) Ten or more members, employees, or employees of members of any trade or professional association or of a labor union or of any other association having had an active existence for at least two years where such association or union has a constitution or bylaws and is formed in good faith for purposes other than that of obtaining insurance.
Such persons, with or without their dependents, may be issued the same form of an individual policy varying only as to premium, amounts, and kinds of coverage applied for by such persons under an arrangement whereby the premiums on such policies may be paid to the insurer periodically by the employer, with or without payroll deductions, or by the association for its members, or by some designated person acting on behalf of such employer or association. The term employees as used in this section shall be deemed to include the officers, managers and employees of the employer and the individual proprietor or partners if the employer is an individual proprietor or partnership. No individual may become insured for more than $20,000 under this plan. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10D-201 Group life insurance requirements.

§431:10D-201 Group life insurance requirements.
(a) Except as provided in subsection (b), no policy of group life insurance shall be delivered in this State unless it conforms to one of the descriptions as provided in this article.
(b) Subsection (a) shall not apply to contracts of life insurance insuring only individuals:
(1) Related by marriage, by blood, or by legal adoption; or
(2) Having a common interest through ownership of a business enterprise, or of a substantial legal interest or equity in the business enterprise, and who are actively engaged in its management; or
(3) Otherwise having an insurable interest in each other's lives. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10D-202 Employee groups.

§431:10D-202 Employee groups.
(a) The lives of a group of individuals may be insured under a policy issued to an employer, or to the trustees of a fund established by an employer, which employer or trustee is deemed the policyholder, insuring employees of the employer for the benefit of persons other than the employer; provided that if the entire cost of the insurance has been borne by the employer and the employer uses the benefits for the purpose of purchasing employer securities distributed to employees from a pension, profit sharing, stock bonus, or employee stock ownership plan which has been qualified under section 401 of the Internal Revenue Code, benefits may be made payable to the employer.
(b) Issuance of group life insurance policies shall be subject to the following requirements:
(1) The employees eligible for insurance under the policy shall be all of the employees of the employer, or all of any class or classes thereof determined by conditions pertaining to their employment. The policy may provide that the term employees shall include:
(A) The employees of one or more subsidiary corporations, and the employees, individual proprietors, and partners of one or more affiliated corporations, proprietorships, or partnerships, if the business of the employer and of such affiliated corporations, proprietorships, or partnerships is under common control;
(B) The individual proprietor or partners, if the employer is an individual proprietor or a partnership; and
(C) Retired employees.
No director of a corporate employer shall be eligible for insurance under the policy unless such person is otherwise eligible as a bona fide employee of the corporation by performing services other than the usual duties of a director. No individual proprietor or partner shall be eligible for insurance under the policy unless the individual is actively engaged in and devotes a substantial part of the individual's time to the conduct of the business of the proprietorship or partnership;
(2) The premium for the policy may be paid entirely by the employer, or by funds paid entirely by the insured employees, or by funds contributed by both the employer and the insured employees. Except as provided in paragraph (3), a policy on which no part of the premium is to be derived from funds contributed by the insured employees shall insure all eligible employees, except those who reject such coverage in writing;
(3) An insurer may exclude or limit the coverage on any person as to whom evidence of individual insurability is not satisfactory to the insurer; and
(4) The amounts of insurance under the policy shall be based upon some plan precluding individual selection either by the employer or trustees. [L 1987, c 347, pt of §2; am L 1988, c 330, §3; gen ch 1992; am L 2004, c 122, §47; am L 2008, c 155, §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10D-204 Labor union groups.

§431:10D-204 Labor union groups.
The lives of a group of individuals may be insured under a policy issued to a labor union, which shall be deemed the policyholder, to insure members of the union for the benefit of persons other than the union or any of its officials, representatives, or agents, subject to the following requirements:
(1) The members eligible for insurance under the policy shall be all of the members of the union, or all of any class or classes thereof;
(2) The premium for the policy shall be paid either wholly from the union's funds, or partly from such funds and partly from funds contributed by the insured members specifically for their insurance. No policy may be issued on which the entire premium is to be derived from funds contributed by the insured members specifically for their insurance. A policy on which part of the premium is to be derived from funds contributed by the insured members specifically for their insurance may be placed in force only if at least seventy-five per cent of the then eligible members, excluding any as to whom evidence of individual insurability is not satisfactory to the insurer, elect to make the required contributions. Except as provided in paragraph (3), a policy on which no part of the premium is to be derived from funds contributed by the insured members specifically for their insurance shall insure all eligible members, except those who reject such coverage in writing;
(3) An insurer may exclude or limit the coverage on any person as to whom evidence of individual insurability is not satisfactory to the insurer;
(4) The policy shall cover at least twenty-five members at date of issue; and
(5) The amount of insurance under the policy shall be based upon some plan precluding individual selection either by the members or by the union. [L 1987, c 347, pt of §2; am L 2004, c 122, §49]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10D-206 Agent groups.

§431:10D-206 Agent groups.
The lives of a group of individuals may be insured under a policy issued to a principal, or if such principal is a life insurer, by or to such principal covering when issued not less than twenty-five agents of the principal, subject to the following requirements:
(1) The agents eligible for insurance under the policy shall be those who are under contract to render personal services for the principal for a commission or other fixed or ascertainable compensation.
(2) The policy must insure either all of the agents or all of any class or classes thereof, except that if a policy is intended to insure several such classes it may be issued to insure any such class of which seventy-five per cent are covered and extended to other classes as seventy-five per cent thereof express the desire to be covered.
(3) The premium on the policy shall be paid by the principal or by the principal and the agents jointly. When the premium is paid by the principal and agents jointly and the benefits of the policy are offered to all eligible agents, the policy, when issued, must insure not less than seventy-five per cent of the agents.
(4) The amounts of insurance shall be based upon some plan which will preclude individual selection.
(5) The insurance shall be for the benefit of persons other than the principal.
(6) The policy shall terminate if, subsequent to issue the number of agents insured falls below twenty-five lives or seventy-five per cent of the number eligible and the contribution of the agents, if the premiums are on a renewable term insurance basis, exceed $1 per month per $1,000 of insurance coverage plus any additional premium per $1,000 of insurance coverage charged to cover one or more hazardous occupations.
(7) For the purpose of this section the term agents shall be deemed to include producers and salespersons. [L 1987, c 347, pt of §2; gen ch 1993; am L 2002, c 155, §72]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10D-208 Mutual benefit society groups.

§431:10D-208 Mutual benefit society groups.
The lives of a group of individuals may be insured under a policy issued to a mutual benefit society, which shall be deemed the policyholder, to insure members of the society for the benefit of persons other than the society or any of its officials, subject to the following requirements:
(1) The society must have been formed for purposes other than obtaining insurance and have, when the policy is placed in force, a membership in the classes eligible for insurance of not less than seventy-five per cent of the number of persons eligible for membership in such classes;
(2) The members eligible for insurance under the policy shall be all of the members of the society, or all of any class or classes thereof;
(3) The premium for the policy shall be paid either from the society's own funds or from charges collected from the insured members specifically for the insurance, or from both. No policy may be placed in force unless and until at least seventy-five per cent of the then eligible members of the society, excluding any as to whom evidence of individual insurability is not satisfactory to the insurer, have elected to be covered and have arranged for payment of their individual contributions to the society. Except as provided in paragraph (4), a policy on which no part of the premium is to be derived from funds contributed by the insured members specifically for their insurance must insure all eligible members;
(4) An insurer may exclude or limit the coverage on any person as to whom evidence of individual insurability is not satisfactory to the insurer;
(5) Charges collected from the insured members specially for the insurance, and the dues of the society if they include the cost of insurance, may be determined according to each attained age or in not less than four reasonably spaced attained age groups;
(6) The policy must cover at least twenty-five persons at date of issue; and
(7) The amounts of insurance under the policy must be based upon some plan precluding individual selection either by the members or by the society.
As used in this section, the term "mutual benefit society" has the same meaning as that ascribed to it in section 432:1-104. Any mutual benefit society participating in an insurance program under this section shall be exempted from the requirements of chapter 432 relative to the management or operation of its death or accident and health or sickness benefit funds with respect to the insurance program. [L 1987, c 347, pt of §2; am L 2003, c 212, §87]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10D-209 Professional association groups.

§431:10D-209 Professional association groups.
The lives of a group of individuals may be insured under a policy issued to an association of professional persons, which shall be deemed the policyholder, to insure members of the association for the benefit of persons other than the association or any of its officials, subject to the following requirements:
(1) The association shall have been formed for purposes other than obtaining insurance and have when the policy is placed in force, a membership in the classes eligible for insurance of not less than seventy-five per cent of the number of professional persons eligible for membership in such classes;
(2) The members eligible for insurance under the policy shall be all of the members of the association, or all of any class or classes thereof;
(3) The premium for the policy shall be paid either from the association's own funds or from charges collected from the insured members specifically for the insurance, or from both. No policy may be placed in force unless and until at least seventy-five per cent of the then eligible members of the association, excluding any as to whom evidence of individual insurability is not satisfactory to the insurer, have elected to be covered and have arranged for payment of their individual contributions to the association. Except as provided in paragraph (4), a policy on which no part of the premium is to be derived from funds contributed by the insured members specifically for their insurance shall insure all eligible members;
(4) An insurer may exclude or limit the coverage on any person as to whom evidence of individual insurability is not satisfactory to the insurer;
(5) Charges collected from the insured members specifically for the insurance, and the dues of the association if they include the cost of insurance, may be determined according to each attained age or in not fewer than four reasonably spaced attained age groups;
(6) The policy shall cover at least twenty-five persons at date of issue; and
(7) The amounts of insurance under the policy shall be based upon some plan precluding individual selection either by the members or by the association.
As used in this section, "professional persons" means persons practicing a profession requiring examination and licensing under chapters 448, 453, 464, 466, and 605. [L 1987, c 347, pt of §2; am L 2004, c 122, §51]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:10D-210 Occupation, industry, or trade association groups.

§431:10D-210 Occupation, industry, or trade association groups.
The lives of a group of individuals may be insured under a policy issued to an association of individuals belonging to a single occupation, industry, or trade association, which shall be deemed the policyholder, to insure members of the association for the benefit of persons other than the association or any of its officials, subject to the following requirements:
(1) The association must have been formed for purposes other than obtaining insurance.
(2) The members eligible for insurance under the policy shall be all of the members of the association.
(3) The premium for the policy shall be paid either from the association's own funds or from charges collected from the insured members specifically for the insurance, or from both. No policy may be placed in force unless and until at least seventy-five per cent of the then eligible members of the association, excluding any as to whom evidence of individual insurability is not satisfactory to the insurer, have elected to be covered and have arranged for payment of their individual contributions to the association.
(4) Charges collected from the insured members specifically for the insurance, and the dues of the association if they include the cost of insurance, may be determined according to each attained age or in not less than four reasonably spaced attained age groups.
(5) The policy must cover at least twenty-five persons at date of issue.
(6) The amounts of insurance under the policy must be based upon some plan precluding individual selection either by the members or by the association. [L 1987, c 347, pt of §2]