reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:11A-101 Definitions.

§431:11A-101 Definitions.
For purposes of this article:
"Accredited state" means a state in which the insurance department or regulatory agency meets the minimum financial regulatory standards promulgated from time to time by the National Association of Insurance Commissioners.
"Control" has the meaning ascribed in section 431:11-102.
"Controlled insurer" means a licensed insurer which is controlled, directly or indirectly, by a producer.
"Controlling producer" means a producer who, directly or indirectly, controls an insurer.
"Licensed insurer" or "insurer" means any person, firm, association, or corporation duly licensed to transact a property or casualty insurance business in this State. The following are not licensed insurers for the purposes of this article:
(1) All residual market pools and joint underwriting authorities or associations; and
(2) Captive insurance companies as defined in section 431:19-101, other than risk retention captive insurance companies.
"Producer" means any person, firm, association, or corporation licensed pursuant to article 9A, when, for any compensation, commission, or other thing of value, the person, firm, association, or corporation acts or aids in any manner in soliciting, negotiating, or procuring the making of any insurance contract on behalf of an insured other than the person, firm, association, or corporation. [L 1992, c 176, pt of §1; am L 2002, c 155, §78; am L 2003, c 212, §99; am L 2014, c 186, §8]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:11A-102 Applicability.

§431:11A-102 Applicability.
This article shall apply to insurers either domiciled in this State or domiciled in a state that is not an accredited state having in effect a substantially similar law. All provisions of article 11, to the extent they are not in conflict with this article, shall apply to all parties within a holding company system subject to this article. [L 1992, c 176, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:11A-104 Disclosure.

§431:11A-104 Disclosure.
Prior to the effective date of the policy, the controlling producer shall deliver written notice to the prospective insured disclosing the relationship between the controlling producer and the controlled insurer; except that, if the business is placed through a subproducer who is not a controlling producer, the controlling producer shall retain in the controlling producer's records a signed statement from the subproducer that the subproducer is aware of the relationship between the controlled insurer and the controlling producer and a written commitment that the subproducer has or will notify the insured of that relationship. [L 1992, c 176, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:11A-105 Penalties.

§431:11A-105 Penalties.
(a) If the commissioner believes that a controlling producer or any other person has not complied with this article, or any applicable rule or order, after notice and opportunity to be heard, the commissioner may order the controlling producer to cease placing business with the controlled insurer. If the commissioner finds that because of noncompliance by a controlling producer or any other person with this article or any applicable rule or order, the controlled insurer or any policyholder thereof has suffered any loss or damage, the commissioner may maintain a civil action or intervene in an action brought by or on behalf of the controlled insurer or policyholder for recovery of compensatory damages for the benefit of the controlled insurer or policyholder, or other appropriate relief.
(b) If an order for liquidation or rehabilitation of the controlled insurer has been entered pursuant to article 15 and the receiver appointed under that order believes that the controlling producer or any other person has not complied with this article, or any applicable rule or order, and the controlled insurer suffered any loss or damage from the noncompliance, the receiver may maintain a civil action for recovery of damages or other appropriate sanctions for the benefit of the controlled insurer.
(c) Nothing contained in this section shall affect the right of the commissioner to impose any other penalties provided for in the insurance code.
(d) Nothing contained in this section is intended to or shall in any manner alter or affect the rights of policyholders, claimants, creditors, or other third parties. [L 1992, c 176, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:12-101 Definitions.

§431:12-101 Definitions.
As used in this article:
"Employees" includes compensated officers, managers, and employees of a firm, corporation, partnership, sole proprietor, trust, estate, or members of an unincorporated association or nonprofit organization. A mass merchandising agreement may provide that the term "employees" shall include retired employees and the individual proprietor, partners, or trustees, if the employer is an individual proprietor, partnership, trust, or estate.
"Employer" includes any firm, corporation, partnership, sole proprietorship, trust, estate, and unincorporated association or nonprofit organization; it also includes the State, any county, any municipal corporation, and any governmental unit, agency, or department thereof.
"Insurer" means an insurer authorized to transact the business of motor vehicle, property, and casualty insurance in the State.
"Mass merchandise" means to sell and "mass merchandising" means a sale of insurance wherein:
(1) The insurance is offered to employees of particular employers, and
(2) The employer has agreed to, or otherwise affiliated itself with, the sale of such insurance to its employees.
"Mass merchandising agreement" means an agreement between an insurer and an employer for the sale of insurance to the employees of the employer on a mass merchandising basis.
"Mass merchandising plan" or "plan" means a program, design, or scheme of the insurance to be mass merchandised, including terms, coverages, and premiums.
"Motor vehicle" means a vehicle of a type required to be registered under chapter 286, including a vehicle with less than four wheels or a trailer.
"Motor vehicle insurance" means an insurance policy and optional additional insurance as defined in article 10C. [L 1987, c 347, pt of §2; am L 1997, c 251, §55; am L 2003, c 212, §100]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:12-102 Applicability.

§431:12-102 Applicability.
This article shall apply to motor vehicle insurance and to property and casualty insurance as defined in sections 431:1-206 and 431:1-209. The provisions of this article are in addition to, and not in substitution for, other applicable requirements of law relating to motor vehicle and property and casualty insurance and the rules of the commissioner adopted pursuant thereto. The requirements of this article do not apply to methods of merchandising other than mass merchandising as defined in section 431:12-101. [L 1987, c 347, pt of §2; am L 2003, c 212, §101]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:12-103 Mass merchandising authorized.

§431:12-103 Mass merchandising authorized.
An insurer may mass merchandise motor vehicle, property and casualty insurance to the employees of any employer under a mass merchandising plan audited by the commissioner; provided that such mass merchandising is agreed to by the employer. An employer may contract with one or more insurers for mass merchandising of motor vehicle, property and casualty insurance to its employees. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:12-104 Mass merchandising prohibited; when.

§431:12-104 Mass merchandising prohibited; when.
(a) No insurer shall mass merchandise insurance to members of any association or organization formed principally for the purpose of obtaining the benefits of mass merchandising.
(b) No insurer shall mass merchandise insurance to employees of any employer which requires the purchase of or participation in insurance sold on a mass merchandising basis as a condition of employment, or which subjects any employee to any penalty for failure to purchase or participate in insurance sold on a mass merchandising basis. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:12-105 Mass merchandising requirements.

§431:12-105 Mass merchandising requirements.
Mass merchandising of insurance and every mass merchandising plan shall be subject to the following conditions:
(1) The insurance offered shall be open to participation by or be available to every employee of the employer who meets the underwriting requirements of the insurer.
(2) The insurance shall be offered without discrimination against any employee as to rates, forms, or coverages. Nothing herein shall preclude the establishment of different classes of risks.
(3) Upon the termination of employment or upon the termination of the mass merchandising agreement, an insured employee shall have the option of continuing the employee's participation in a group policy or the employee's individual policy then in force for a period of one year upon payment of the applicable premium; provided that the employee shall exercise the employee's option within thirty days following the date of the termination. The terms, conditions, and coverages for the one-year period are those that were effective on the date of termination and shall not be more restrictive than those contained in the mass merchandising agreement, the group policy, or the individual policy in force immediately prior to the date of termination.
(4) The insurer shall issue a certificate or other evidence of participation to every member covered under a group policy and a policy of insurance to every member insured under an individual policy.
(5) The insurance offered shall not be contingent upon the purchase of any other insurance, product, or service; nor shall the purchase of any other insurance, product, or service be contingent upon the purchase of the motor vehicle, property, and casualty insurance offered. [L 1987, c 347, pt of §2; am L 2000, c 24, §11]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:12-106 Disclosure.

§431:12-106 Disclosure.
Every insurer selling insurance on a mass merchandising basis shall, prior to sale, make full and fair disclosures to prospective insureds of all features of the plan, including but not limited to premium rates, claims procedure, benefits, duration of coverage, and policyholder services. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:12-107 Payroll deductions and premium collections.

§431:12-107 Payroll deductions and premium collections.
A mass merchandising agreement may provide for the collection of premiums from employees by payroll deductions, assessments, or otherwise, and the remittance of the same to the insurer by the employer; provided that:
(1) No such collection and remittance of premiums by the employer shall constitute collection of premium within the meaning of this code;
(2) No act of furnishing information about such collection method by the employer to its employees shall constitute solicitation of applications for insurance; and
(3) The employer shall not be considered an insurance producer for purposes of this code by virtue of the employer's collection and remittance of premiums or the furnishing of information about such collection method. [L 1987, c 347, pt of §2; am L 2003, c 212, §102]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:12-108 Employer's failure to remit premiums.

§431:12-108 Employer's failure to remit premiums.
If any employer is required under a mass merchandising agreement to collect the premiums from its employees and remit the same to the insurer, its failure to so collect and remit as to any employee for any reason, including termination of the employee's employment, shall not be regarded by the insurer as nonpayment of premium by such employee, unless the insurer gives written notice of such failure to remit to the employee and the employee fails to pay the required premium by the later of:
(1) Thirty days after the mailing or delivery of the notice to the address of the employee last known to the insurer, or
(2) The due date of the premium. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:12-109 Cancellation and nonrenewal.

§431:12-109 Cancellation and nonrenewal.
Except as provided by section 431:12-108, no policy of an individual employee or participation of an employee in a group policy shall be cancelled or its renewal denied unless a thirty-day written notice of cancellation or renewal is given the employee. All such notices shall set forth the reasons for the cancellation or nonrenewal. The insurer, prior to the expiration of the thirty-day period, shall afford the employer a reasonable opportunity to consult with the insured and to present facts in opposition to cancellation or nonrenewal. [L 1987, c 347, pt of §2; am L 2003, c 212, §103]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:12-110 Premium rates.

§431:12-110 Premium rates.
Premium rates for insurance sold on a mass merchandising basis shall comply with the standards in article 10C for motor vehicle insurance and in article 14 for property and casualty insurance including the standards that rates not be excessive, inadequate or unfairly discriminatory.
Rates shall not be deemed to be unfairly discriminatory because different premiums result for policyholders with like loss exposure but different expense factors, or like expense factors but different loss exposures, so long as the rates reflect the differences with reasonable accuracy. Rates shall not be deemed to be unfairly discriminatory if they are averaged broadly among persons insured under a mass merchandising plan. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:12-111 Readjustment of premiums; dividends.

§431:12-111 Readjustment of premiums; dividends.
(a) Any mass merchandising agreement may provide for the readjustment of the rate of premium based on experience at the end of the first year for any subsequent year of insurance, and such readjustment may be made retroactive only for the policy year.
(b) If a policy dividend is declared or a reduction in rate is made or continued under any mass merchandising plan, the excess, if any, of the aggregate dividends or rate reductions under the policy and all other group insurance policies of the policyholder over aggregate expenditure for insurance under such policies made from funds contributed by the policyholder, or by an employer of an insured person, or by a union or association to which an insured person belongs, including expenditures made in connection with administration of such policies, shall be applied by the policyholder for the sole benefit of insured employees. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:12-112 Underwriting standards.

§431:12-112 Underwriting standards.
Every plan of mass merchandising and all rules and standards applicable to mass merchandising of insurance shall be subject to audit by the commissioner upon written request to the insurer. No underwriting standard for risk selection under a mass merchandising plan shall be more restrictive than the standards used for insurance sold by methods other than mass merchandising. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:12-113 Statistics.

§431:12-113 Statistics.
Every insurer mass merchandising insurance shall keep and maintain data on its experience under each plan, including data on premium income, losses, and expenses. The data shall be kept and maintained separately from any experience data on insurance sold by means other than mass merchandising. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:12-114 Licenses.

§431:12-114 Licenses.
No person shall act as an insurance producer in connection with mass merchandising of insurance, unless the person is licensed as such under article 9A. [L 1987, c 347, pt of §2; am L 2002, c 155, §79]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:12-115 Establishment and maintenance of office.

§431:12-115 Establishment and maintenance of office.
(a) Every insurer selling insurance on a mass merchandising basis shall establish and maintain at all times an office in the State to conduct the administration of its business and handle claims.
(b) Establishment and maintenance of an office by any licensed producer of an insurer shall meet the requirements of this section. [L 1987, c 347, pt of §2; am L 2000, c 24, §12; am L 2002, c 155, §80]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:13-101 Purpose.

Case Notes
Supreme court of Hawai`i would not find that article 13 preempted suits against insurers for deceptive trade practices in violation of §480-2. 95 F.3d 791 (1996).
This article does not authorize a private cause of action. 795 F. Supp. 1036 (1992).
Article's administrative remedies not exclusive; bad faith cause of action may be brought by first-party insured for insurer misconduct. 82 H. 120, 920 P.2d 334 (1996).
As no private cause of action authorized under this article, summary judgment properly granted for workers' compensation insurer against employee's complaint of violation of this article by insurer. 83 H. 457, 927 P.2d 858 (1996).
No private cause of action exists under this article. 82 H. 363 (App.), 922 P.2d 976 (1996).
PART I. GENERAL PROVISIONS
§431:13-101 Purpose.
The purpose of this article is to regulate trade practice in the business of insurance in accordance with the intent of the Congress of the United States as expressed in the Act of Congress of March 9, 1945 (Public Law 15, 79th Congress), by defining, or providing for the determination of, all acts, methods, and practices which constitute unfair methods of competition or unfair or deceptive acts or practices in this State, and by prohibiting the trade practices so defined or determined. [L 1987, c 347, pt of §2]
Case Notes
Cited: 95 F.3d 791 (1996).
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:13-102 Unfair methods of competition; unfair or deceptive acts or practices prohibited.

§431:13-102 Unfair methods of competition; unfair or deceptive acts or practices prohibited.
No person shall engage in this State in any trade practice which is defined in this article as, or determined pursuant to section 431:13-106 to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance. [L 1987, c 347, pt of §2]
Case Notes
An insurer that does not respond promptly to a party's settlement demand and does not negotiate settlement in good faith may violate section. 73 H. 412, 835 P.2d 627 (1992).
Discussed: 95 F.3d 791 (1996); 458 F. Supp. 2d 1167 (2006).
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:13-105 Power of commissioner.

§431:13-105 Power of commissioner.
The commissioner may examine and investigate into the affairs of every person engaged in the business of insurance in this State in order to determine whether the person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by section 431:13-102. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:13-106 Hearings.

§431:13-106 Hearings.
(a) Whenever the commissioner shall have reason to believe that any person has been engaged or is engaging in this State in any unfair method of competition or any unfair or deceptive act or practice, whether or not defined in section 431:13-103, and that a proceeding by the commissioner in respect thereto would be to the interest of the public, the commissioner shall issue and serve upon the person a statement of the charges in that respect and a notice of a hearing to be held at a time and place fixed in the notice, which shall not be less than fifteen days after the date of the service.
(b) At the time and place fixed for the hearing, the person shall have an opportunity to be heard and to show cause why an order should not be made by the commissioner requiring the person to cease and desist from the acts, methods or practices which are the subject of complaint.
(c) Procedures at the hearing shall be governed by chapter 91. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:13-107 Commissioner's right of action.

§431:13-107 Commissioner's right of action.
All remedies, penalties and proceedings set forth in this article are to be invoked solely and exclusively by the commissioner. [L 1987, c 347, pt of §2]
Case Notes
This article does not authorize a private cause of action. 795 F. Supp. 1036 (1992).
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:13-201 Cease and desist and penalty orders; judicial review.

§431:13-201 Cease and desist and penalty orders; judicial review.
(a) If, after the hearing, the commissioner shall determine that the person charged has engaged in an unfair method of competition or an unfair or deceptive act or practice, the commissioner shall reduce the findings to writing and shall issue and cause to be served upon the person charged with the violation a copy of the findings and an order requiring the person to cease and desist from engaging in the method of competition, act or practice. If the act or practice is a violation of section 431:13-103, the commissioner may, at the commissioner's discretion, order any one or more of the following:
(1) Payment of a fine of not more than $1,000 for each and every act or violation but not to exceed $10,000, unless the person knew or reasonably should have known that the person was in violation of section 431:13-103, in which case the fine shall be not more than $5,000 for each and every act or violation but not to exceed $50,000 in any six-month period.
(2) Suspension or revocation of the person's license, if the person knew or reasonably should have known that the person was in violation of section 431:13-103.
(b) Any person aggrieved by an order of the commissioner under this section may obtain judicial review of the order in the manner provided for by chapter 91. [L 1987, c 347, pt of §2; am L 2003, c 212, §106]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:13-202 Penalty for violation of cease and desist orders.

§431:13-202 Penalty for violation of cease and desist orders.
(a) Any person who violates a cease and desist order of the commissioner under section 431:13-201 may be subject at the discretion of the commissioner, after notice and hearing and upon order of the commissioner, to either or both of the following:
(1) A fine of not more than $10,000 for each and every act in violation of the cease and desist order; or
(2) Suspension or revocation of the person's license.
(b) No order of the commissioner pursuant to this section or order of court to enforce it shall in any way relieve or absolve any person affected by the order from any other liability, penalty, or forfeiture required by law. [L 1987, c 97, §1 and c 347, pt of §2; am L 1989, c 276, §1]
Case Notes
Pursuant to subsection (b), article's administrative remedies not exclusive; bad faith cause of action may be brought by first-party insured for insurer misconduct. 82 H. 120, 920 P.2d 334 (1996).
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:13-203 Rules.

§431:13-203 Rules.
The commissioner may adopt reasonable rules in accordance with chapter 91, as are necessary or proper to identify specific methods of competition or acts or practices which are prohibited by section 431:13-103 or 431:13-104, but the rules shall not enlarge upon or extend the provisions of section 431:13-103 or 431:13-104. [L 1987, c 347, pt of §2; am L 2003, c 212, §107]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:13-204 Provisions of sections additional to existing laws.

§431:13-204 Provisions of sections additional to existing laws.
The powers vested in the commissioner by this article shall be additional to any other power to enforce penalties or fines authorized by law with respect to the methods, acts, and practices hereby declared to be unfair or deceptive. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:14-101 Purpose.

Note
Commercial liability insurance; tort reform. L Sp 1986, c 2, as amended by L 1987, c 231; L 1989, c 300; L 1991, c 62; L 1993, c 238; L 1995, c 130.
§431:14-101 Purpose.
The purpose of this article is to promote the public welfare by regulating insurance rates to the end that they shall not be excessive, inadequate, or unfairly discriminatory, and to authorize and regulate cooperative action among insurers in ratemaking and ratemaking related activities and in other matters within the scope of this article. Nothing in this part is intended to:
(1) Prohibit or discourage reasonable competition; or
(2) Prohibit or encourage except to the extent necessary to accomplish the aforementioned purposes, uniformity in insurance rates, rating systems, rating plans, or practices.
This article shall be liberally interpreted to carry into effect the provisions of this section. [L 1987, c 347, pt of §2; am L 1990, c 255, §6]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:14-101.5 Definitions.

§431:14-101.5 Definitions.
As used in this article, unless the context otherwise requires:
"Developed losses" means losses (including loss adjustment expenses) adjusted, using standard actuarial techniques, to eliminate the effect of differences between current payment or reserve estimates and those needed to provide actual ultimate loss (including loss adjustment expense) payments.
"Expenses" means that portion of a rate attributable to acquisition, field supervision, collection expenses, general expenses, taxes, licenses, and fees; provided that no tax credit received by any insurer under section 431:7-207 shall reduce the expenses of the insurer for purposes of determining the insurer's rate under this article for the first year of any insurer's rate which is approved pursuant to this article and for which the insurer submits before July 1, 1993, a filing pursuant to the applicable sections of this code to modify the rate in existence on June 30, 1992.
"Loss trending" means any procedure for projecting developed losses to the average date of loss for the period during which the policies are to be effective.
"Prospective loss costs" means that portion of a rate that does not include provisions for expenses (other than loss adjustment expenses) or profit, and are based on historical aggregate losses and loss adjustment expenses adjusted through development to their ultimate value and projected through trending to a future point in time.
"Rate" means that cost of insurance per exposure unit whether expressed as a single number or as a prospective loss cost with an adjustment to account for the treatment of expenses, profit, and individual insurer variation in loss experience, prior to any application of individual risk variations based on loss or expense considerations, and does not include minimum premium.
"Supplementary rating information" includes any manual or plan of rates, classification, rating schedule, minimum premium, policy fee, rating rule, underwriting rule, statistical plan, and any other similar information needed to determine the applicable rate in effect or to be in effect.
"Supporting information" means:
(1) The experience and judgment of the filer and the experience or data of other insurers, rating organizations, or advisory organizations relied on by the filer;
(2) The interpretation of any other data relied upon by the filer; and
(3) Descriptions of methods used in making the rates, and any other information required by the commissioner to be filed. [L 1990, c 255, §1; am L 1992, c 236, §8]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:14-102 Scope.

§431:14-102 Scope.
(a) This article shall apply to all classes, types, or forms of general casualty insurance as defined in section 431:1-209, surety insurance as defined in section 431:1-210, motor vehicle insurance, and workers' compensation and employers' liability insurance, on risks or operations in this State, and all classes, types or forms of property insurance as defined in section 431:1-206, and marine and transportation insurance as defined in section 431:1-207, on risks located in this State. Inland marine insurance shall be deemed to include insurance now or hereafter defined as inland marine insurance by:
(1) Statute, or by interpretation thereof;
(2) Ruling of the commissioner, if not defined or interpreted; or
(3) By general custom of the business.
In this article, the terms inland marine insurance and marine insurance are used in their generally accepted trade meanings.
(b) This article shall not apply to:
(1) Reinsurance, other than joint reinsurance to the extent stated in section 431:14-112;
(2) Accident and health or sickness insurance;
(3) Insurance against loss or damage to aircraft or against liability, other than workers' compensation and employers' liability, arising out of the ownership, maintenance, or use of aircraft;
(4) Insurance of vessels or craft, their cargoes, marine builder's risks, marine protection and indemnity, or other risks commonly insured under marine, as distinguished from inland marine, insurance policies; and
(5) Insurance of hulls of aircraft, including their accessories and equipment, or against liability arising out of the ownership, maintenance, or use of aircraft. [L 1987, c 347, pt of §2; am L 1990, c 255, §7; am L 2002, c 155, §82]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:14-103.3 Rate adjustment mandates.

§431:14-103.3 Rate adjustment mandates.
(a) Except as otherwise provided by law, the commissioner may mandate insurers to submit new filings for any type of insurance under section 431:14-102 when the commissioner has actuarially sound information that current rates may be excessive, inadequate, or unfairly discriminatory.
(b) Insurers shall submit the new rate filings within one hundred twenty days of the commissioner's mandate.
(c) The new rate filings shall be subject to the rate filing requirements under section 431:14-104.
(d) After the commissioner reviews the new rate filings submitted under this section, if the commissioner finds that the rates are excessive, inadequate, or unfairly discriminatory, the commissioner may adjust the rates for any class of insurance for any insurer pursuant to subsections (e) and (f).
(e) If, any time subsequent to the applicable review period provided for in sections 431:14-104 and 431:14-120, the commissioner does not approve a new rate filing by an insurer, the commissioner shall issue a written notice of disapproval of the filed rate to the insurer. The written notice shall set forth the commissioner's proposed rate and the actuarial, statutory, factual, and legal bases for both the disapproval of the rate filed by the insurer and the commissioner's proposed rate. Within thirty days of the commissioner's written notice of disapproval, the insurer may file a written request to the commissioner for a hearing pursuant to subsection (f); provided that:
(1) If the insurer fails to file a written request for hearing, the commissioner's proposed rate shall become effective sixty days after the expiration of the deadline to file a written request for a hearing; and
(2) If the insurer files a written request for a hearing, the existing effective rate shall remain in effect until sixty days after the final order is rendered by the director of commerce and consumer affairs and the appeals process has been exhausted.
(f) The hearing allowed under subsection (e) shall be conducted under the following procedure:
(1) The hearing shall commence within twenty days of receipt of the written demand for a hearing, and written notice of the hearing shall be provided to the parties not less than ten days prior to the hearing;
(2) The commissioner shall present the commissioner's proposed rate and the insurer shall present its rate filing, in addition to other relevant evidence;
(3) Within fifteen days after the conclusion of the hearing, the hearings officer shall issue a proposed decision; and
(4) The rate found to be in compliance with this article shall be effective sixty days after the final order is rendered by the director of commerce and consumer affairs and the appeals process has been exhausted.
[L 1998, c 117, §1; am L 2012, c 258, §3]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:14-103.5 Contracting classification premium program. With respect to each classification of risk in the construction industry, the rating organization shall file with the commissioner a contracting classification premium program, which is a method of computing premiums, that does not impose a higher premium solely because of an employer's higher rate of wages. [L 1995, c 234, pt of §5]

§431:14-103.5
Contracting classification premium program.
With respect to each classification of risk in the construction industry, the rating organization shall file with the commissioner a contracting classification premium program, which is a method of computing premiums, that does not impose a higher premium solely because of an employer's higher rate of wages.
[L 1995, c 234, pt of §5]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:14-104.5 Loss cost filings.

§431:14-104.5 Loss cost filings.
When required by the commissioner, the rating organization or advisory organization shall file for approval all prospective loss costs, supplementary rating information, and every change, amendment, or modification thereto proposed for use in this State. The filings shall be subject to sections 431:14-104, 431:14-105, and 431:14-106 and other provisions of article 14 relating to filings made by insurers. [L 1990, c 255, §2; am L 2019, c 70, §19]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:14-105 Policy revisions that alter coverage.

§431:14-105 Policy revisions that alter coverage.
(a) Any policy revisions that alter coverage in any manner shall be filed with the commissioner and shall include an analysis of the impact each revision has on rates or loss costs.
(b) After review by the commissioner, the commissioner shall determine whether a rate filing for the policy revision must be submitted in accordance with section 431:14-104. [L 1987, c 349, §9; am L 2005, c 132, §4; am L 2009, c 77, §11; am L 2019, c 70, §20]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:14-105.5 Standing to intervene in rate filing and ratemaking proceedings.

§431:14-105.5 Standing to intervene in rate filing and ratemaking proceedings.
In any workers' compensation insurance rate filing and ratemaking proceeding before the commissioner under article 14, an insured who is covered by workers' compensation insurance shall have the right to intervene and participate as a party in interest. [L 1989, c 195, §6]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:14-107.1 Rating and advisory organizations, permitted activity.

§431:14-107.1 Rating and advisory organizations, permitted activity.
In addition to other activities not expressly prohibited by this article, rating organizations and advisory organizations are authorized, on behalf of their members and subscribers, to:
(1) Develop statistical plans including territorial and class definitions;
(2) Collect statistical data from members, subscribers, or any other source;
(3) Prepare and distribute prospective loss costs;
(4) Prepare and distribute factors, calculations or formulas pertaining to classification, territory, increased limits, and other variables;
(5) Prepare and distribute manuals of rating rules and rating schedules that do not include final rates, expenses provisions, profit provisions, or minimum premiums;
(6) Distribute information that is required or directed to be filed with the commissioner;
(7) Conduct research and on-site inspections in order to prepare classifications of public fire defenses;
(8) Consult with public officials regarding public fire protection as it would affect members, subscribers, and others;
(9) Conduct research and collect statistics in order to discover, identify, and classify information relating to causes or prevention of losses;
(10) Prepare policy forms and endorsements and consult with members, subscribers, and others relative to their use and application;
(11) Conduct research and on-site inspections for the purpose of providing risk information relating to individual structures;
(12) Collect, compile, and distribute past and current prices of individual insurers and publish that information;
(13) File final rates, at the direction of the commissioner, for residual market mechanisms; and
(14) Furnish any other services, as approved or directed by the commissioner, related to those enumerated in this section. [L 1990, c 255, §3]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:14-107.2 Insurers and organizations, prohibited activity.

§431:14-107.2 Insurers and organizations, prohibited activity.
(a) Except as permitted in this article, no insurer, rating organization, or advisory organization shall:
(1) Attempt to monopolize, or combine or conspire with any other person to monopolize an insurance market; or
(2) Engage in a boycott, on a concerted basis, of an insurance market.
(b) Except as permitted in this article, no insurer shall agree with any other insurer or with a rating organization or with an advisory organization to mandate adherence to or to mandate use of any rate, rating plan, rating schedule, rating rule, policy or bond form, rate classification, rate territory, underwriting rule, survey, inspection, or similar material, except as needed to develop statistical plans permitted by section 431:14-107.1. The fact that two or more insurers, whether or not members or subscribers of a rating organization or advisory organization, use consistently or intermittently the same rates, rating plans, rating schedules, rating rules, policy or bond forms, rate classifications, rate territories, underwriting rules, surveys or inspections, or similar materials is not sufficient in itself to support a finding that an agreement exists. Two or more insurers having a common ownership or operating in this State under common management or control may act in concert between or among themselves with respect to any matters pertaining to those activities authorized in this article as if they constituted a single insurer.
(c) Except as permitted in this article, no insurer, rating organization, or advisory organization shall make any arrangement with any other insurer, advisory organization, or other person which has the purpose or effect of restraining trade unreasonably or of substantially lessening competition in the business of insurance. [L 1990, c 255, §4; am L 1993, c 205, §34]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:14-107.3 Rating or advisory organizations, prohibited activity.

§431:14-107.3 Rating or advisory organizations, prohibited activity.
Except as specifically permitted under this article or any rule adopted thereunder, no rating or advisory organization shall compile or distribute recommendations relating to rates that include expenses (other than loss adjustment expenses) or profit. [L 1990, c 255, §5]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:14-108 Deviations.

§431:14-108 Deviations.
(a) Except for those lines of insurance for which the commissioner determines individual rate filings shall be made, every member of or subscriber to a rating organization shall adhere to the filings the organization made on its behalf; provided that any insurer may submit a rate filing to the commissioner to file a deviation from the class rates, schedules, rating plans, or rules respecting any class of insurance, class of risk within a class of insurance, or combination thereof. The rate filing shall specify the basis for the deviation and shall be accompanied by the data upon which the applicant relies. The filer shall simultaneously send a copy of the deviation and data to the rating organization.
(b) In considering the deviation, the commissioner shall consider the available statistics and the principles for ratemaking in section 431:14-103. The commissioner shall approve the filing of the deviation if the commissioner finds that it is justified. The deviation shall become effective upon the commissioner's approval of the proposed effective date of the filing. The commissioner shall disapprove the rate filing if the commissioner finds the deviation is not justified or the resulting premiums would be excessive, inadequate, or unfairly discriminatory. Each deviation filed shall be effective for a period of one year from the date of approval, unless terminated sooner with approval by the commissioner. [L 1987, c 347, pt of §2; am L 1993, c 205, §35; am L 2019, c 70, §21]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:14-109 Appeal by minority.

§431:14-109 Appeal by minority.
Any member of or subscriber to a rating organization may appeal to the commissioner from the action or decision of the rating organization in approving or rejecting any proposed change in or addition to the filings of the rating organization. The commissioner shall, after a hearing held upon not less than ten days' written notice to the appellant and to the rating organization, issue an order approving the action or decision of the rating organization or directing it to give further consideration to the proposal.
(1) If the appeal is from the action or decision of the rating organization in rejecting a proposed addition to its filings, the commissioner may issue an order directing the rating organization to make an addition to its filings, on behalf of its members and subscribers, provided the commissioner finds that the action or decision was unreasonable. The rating organization shall make an addition to its filings within a reasonable time after the issuance of the order and in a manner consistent with the commissioner's findings.
(2) The commissioner shall order the rating organization to make the requested filing for use by the appellant if the appeal is:
(A) Based upon the failure of the rating organization to make a filing on behalf of the member or subscriber which is based on a system of expense provisions differing from the system of expense provisions included in the rating organization's filing, and
(B) Granted by the commissioner.
In deciding the appeal the commissioner shall apply the standards set forth in section 431:14-103. [L 1987, c 347, pt of §2]
Revision Note
Subsection designation deleted pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:14-110 Information to be furnished insureds; hearings and appeals of insureds.

§431:14-110 Information to be furnished insureds; hearings and appeals of insureds.
(a) Every rating organization and every insurer which makes its own rates shall, within a reasonable time after receiving written request therefor and upon payment of such reasonable charges as it may make, furnish to any insured affected by a rate made by it or to the authorized representative of the insured, all pertinent information as to the rate.
(b) Every rating organization and every insurer which makes its own rates shall provide within this State reasonable means whereby any person aggrieved by the application of its rating system may be heard, in person or by an authorized representative, on such person's written request to review the manner in which the rating system has been applied in connection with the insurance afforded that person. If the rating organization or insurer fails to grant or reject the request within thirty days after it is made, the applicant may proceed in the same manner as if the application had been rejected. Any party affected by the action of the rating organization or the insurer on such request may appeal to the commissioner within thirty days after written notice of such action. The commissioner, after a hearing held upon not less than ten days' written notice to the appellant and to the rating organization or insurer, may affirm or reverse the action. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:14-110.5 Disclosure of workers' compensation premium information.

§431:14-110.5 Disclosure of workers' compensation premium information.
(a) All policies issued to employers for workers' compensation insurance shall disclose clearly to employers as separate figures the portion of the premium charged for:
(1) Medical care, services, and supplies;
(2) Wage loss benefits including temporary total, temporary partial, and permanent total disability benefits and their related benefits;
(3) Indemnity benefits for permanent partial disability; and
(4) Death benefits.
In addition, a disclosure statement shall indicate to the employer the portion of the premium attributable to loss control and administrative costs, attorney's fees of the insurer, the cost of employer requested medical examinations, and private investigation costs.
(b) When a policy is issued to employers for workers' compensation insurance, it shall be accompanied by a statement disclosing the percentages of premiums expended during the previous year by the insurer for claims paid in the categories specified in subsection (a), including loss control and administrative costs, attorney's fees of the insurer, the cost of employer requested medical examinations, and private investigation costs.
(c) The information provided to employers by insurers pursuant to this section shall be provided on an annual basis to the director of labor and industrial relations and to the commissioner.
(d) Any insurer found in violation of this section shall pay a fine of $5,000 per violation to the insured, plus attorney's fees and costs to the insured for enforcing this section. [L 1995, c 234, pt of §5]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:14-110.8 Publication of homeowners insurance premium information.

§431:14-110.8 Publication of homeowners insurance premium information.
(a) Upon the commissioner's request, all homeowners insurers shall provide homeowners insurance premium information to the commissioner within thirty days of the request.
(b) The commissioner shall publish annually, by electronic or online publication on the official website of the insurance division, a list of all homeowners insurers with representative annual premiums for homeowners insurance.
(c) As used in this section:
"Homeowners insurance" means an insurance policy for any residential property in the State that combines:
(1) Indemnity from destruction or damage of the insured's property by various designated perils; and
(2) Indemnity for legal liability of the insured for death, injury, or disability of any human being or for damage to property.
"Homeowners insurer" means an insurer holding a valid certificate of authority to engage in the business of making contracts of homeowners insurance in this State. [L 2012, c 258, §1]