reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 23A. Other Business Entities › 429. Uniform Unincorporated Nonprofit Association Act › 429-1 Definitions.

§429-1 Definitions.
As used in this chapter:
"Member" means a person who, under the rules or practices of a nonprofit association, may participate in the selection of persons authorized to manage the affairs of the nonprofit association or in the development of policy of the nonprofit association.
"Nonprofit association" means an unincorporated organization, other than one created by a trust, consisting of two or more members joined by mutual consent for a common, nonprofit purpose. However, joint tenancy, tenancy in common, or tenancy by the entireties does not by itself establish a nonprofit association, even if the co-owners share use of the property for a nonprofit purpose.
"Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. [L 1999, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 23A. Other Business Entities › 429. Uniform Unincorporated Nonprofit Association Act › 429-3 Territorial application.

§429-3 Territorial application.
Real and personal property in this State may be acquired, held, encumbered, and transferred by a nonprofit association, whether or not the nonprofit association or a member has any other relationship to this State. [L 1999, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 23A. Other Business Entities › 429. Uniform Unincorporated Nonprofit Association Act › 429-4 Real and personal property; nonprofit association as legatee, devisee, or beneficiary.

§429-4 Real and personal property; nonprofit association as legatee, devisee, or beneficiary.
(a) A nonprofit association shall be a legal entity separate from its members for the purposes of acquiring, holding, encumbering, and transferring real and personal property.
(b) A nonprofit association in its name may acquire, hold, encumber, or transfer an estate or interest in real or personal property.
(c) A nonprofit association may be a beneficiary of a trust or contract, a legatee, or a devisee. [L 1999, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 23A. Other Business Entities › 429. Uniform Unincorporated Nonprofit Association Act › 429-5 Statement of authority as to real property.

§429-5 Statement of authority as to real property.
(a) A nonprofit association may execute and record a statement of authority to transfer an estate or interest in real property in the name of the nonprofit association.
(b) An estate or interest in real property in the name of a nonprofit association may be transferred by a person so authorized in a statement of authority recorded in the office of the assistant registrar of the land court or in the bureau of conveyances, whichever is the office in which a transfer of the property would be recorded.
(c) A statement of authority shall set forth:
(1) The name of the nonprofit association;
(2) The federal tax identification number, if any, of the nonprofit association;
(3) The address in this State, including the street address, if any, of the nonprofit association or, if the nonprofit association does not have an address in this State, its address out-of-state;
(4) That it is an unincorporated nonprofit association; and
(5) The name or title of a person authorized to transfer an estate or interest in real property held in the name of the nonprofit association.
(d) A statement of authority shall be executed in the same manner as a deed by a person who is not the person authorized to transfer the estate or interest.
(e) A filing officer may collect a fee for recording a statement of authority in the amount authorized for recording a transfer of real property.
(f) An amendment, including a cancellation, of a statement of authority shall meet the requirements for execution and recording of an original statement. Unless canceled earlier, a recorded statement of authority or its most recent amendment shall be canceled by operation of law five years after the date of the most recent recording.
(g) If the record title to real property is in the name of a nonprofit association and the statement of authority is recorded in the office in which a transfer of real property would be recorded, the authority of the person named in a statement of authority shall be conclusive in favor of a person who gives value without notice that the person lacks authority. [L 1999, c 161, pt of §1; am L 2001, c 130, §1]
2023 Hawaii Revised Statutes › Title 23A. Other Business Entities › 429. Uniform Unincorporated Nonprofit Association Act › 429-6 Liability in contract and tort.

§429-6 Liability in contract and tort.
(a) A nonprofit association shall be a legal entity separate from its members for the purposes of determining and enforcing rights, duties, and liabilities in contract and tort.
(b) A person shall not be liable for a breach of a nonprofit association's contract merely because the person is a member, is authorized to participate in the management of the affairs of the nonprofit association, or is a person considered to be a member by the nonprofit association.
(c) A person shall not be liable for a tortious act or omission for which a nonprofit association is liable merely because the person is a member, is authorized to participate in the management of the affairs of the nonprofit association, or is a person considered to be a member by the nonprofit association.
(d) A tortious act or omission of a member or other person for which a nonprofit association is liable shall not be imputed to a person merely because the person is a member of the nonprofit association, is authorized to participate in the management of the affairs of the nonprofit association, or is a person considered to be a member by the nonprofit association.
(e) A member of, or a person considered to be a member by, a nonprofit association may assert a claim against the nonprofit association. A nonprofit association may assert a claim against a member or a person considered to be a member by the nonprofit association. [L 1999, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 23A. Other Business Entities › 429. Uniform Unincorporated Nonprofit Association Act › 429-7 Capacity to assert and defend; standing.

§429-7 Capacity to assert and defend; standing.
(a) A nonprofit association, in its name, may institute, defend, intervene, or participate in a judicial, administrative, or other governmental proceeding or in an arbitration, mediation, or any other form of alternative dispute resolution.
(b) A nonprofit association may assert a claim in its name on behalf of its members if one or more members of the nonprofit association have standing to assert a claim in their own right, the interests the nonprofit association seeks to protect are germane to its purposes, and neither the claim asserted nor the relief requested requires the participation of a member. [L 1999, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 23A. Other Business Entities › 429. Uniform Unincorporated Nonprofit Association Act › 429-8 Effect of judgment or order.

§429-8 Effect of judgment or order.
A judgment or order against a nonprofit association shall not by itself be a judgment or order against a member or a person authorized to participate in the management of the affairs of the nonprofit association. [L 1999, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 23A. Other Business Entities › 429. Uniform Unincorporated Nonprofit Association Act › 429-9 Disposition of personal property of inactive nonprofit association.

§429-9 Disposition of personal property of inactive nonprofit association.
If a nonprofit association has been inactive for three years or longer, or a different period specified in a document of the nonprofit association, a person in possession or control of personal property of the nonprofit association may transfer custody of the property:
(1) If a document of the nonprofit association specifies a person to whom transfer is to be made under those circumstances, to that person; or
(2) If no person is so specified, to a nonprofit association or nonprofit corporation pursuing broadly similar purposes or to a government, governmental subdivision, agency, or instrumentality. [L 1999, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 23A. Other Business Entities › 429. Uniform Unincorporated Nonprofit Association Act › 429-10 Appointment of agent to receive service of process.

§429-10 Appointment of agent to receive service of process.
(a) A nonprofit association may file in the office of the registrar of the land court or in the bureau of conveyances a statement appointing an agent authorized to receive service of process.
(b) A statement appointing an agent shall set forth:
(1) The name of the nonprofit association;
(2) The federal tax identification number, if any, of the nonprofit association;
(3) The address in this State, including the street address, if any, of the nonprofit association or, if the nonprofit association does not have an address in this State, its address out-of-state; and
(4) The name of the person in this State authorized to receive service of process and the person's address, including the street address, in this State.
(c) A statement appointing an agent shall be signed and acknowledged by a person authorized to manage the affairs of a nonprofit association. The statement shall also be signed and acknowledged by the person to be appointed agent, who thereby accepts the appointment. The appointed agent may resign by filing a resignation in the office of the registrar of the land court or in the bureau of conveyances and giving notice to the nonprofit association.
(d) A filing officer may collect a fee for filing a statement appointing an agent to receive service of process, an amendment, a cancellation, or a resignation in the amount charged for filing similar documents.
(e) An amendment to or cancellation of a statement appointing an agent to receive service of process shall meet the requirements for execution of an original statement. [L 1999, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 23A. Other Business Entities › 429. Uniform Unincorporated Nonprofit Association Act › 429-11 Claim not abated by change.

§429-11 Claim not abated by change.
A claim for relief against a nonprofit association shall not abate merely because of a change in its members or persons authorized to manage the affairs of the nonprofit association. [L 1999, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 23A. Other Business Entities › 429. Uniform Unincorporated Nonprofit Association Act › 429-13 Summons and complaint; service on whom.

§429-13 Summons and complaint; service on whom.
In an action or proceeding against a nonprofit association, a summons and complaint shall be served on the agent authorized by appointment to receive service of process, the officer, managing or general agent, or the person authorized to participate in the management of its affairs. If none of them can be served, service may be made on a member. [L 1999, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:1-100.5 Purpose.

§431:1-100.5 Purpose.
The legislature hereby declares that the purpose of this chapter is to recodify, without substantive change, the insurance law in effect immediately prior to July 1, 1988. [L 1987, c 347, pt of §2]
Revision Note
"July 1, 1988" substituted for "the effective date of this chapter" pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:1-101 Compliance required.

§431:1-101 Compliance required.
No person shall transact a business of insurance in this State without complying with the applicable provisions of this code. Any person transacting a business of insurance under chapter 432 shall be subject to this code only to the extent provided in chapter 432. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:1-102 Public interest.

§431:1-102 Public interest.
The business of insurance is one affected by the public interest, requiring that all persons be actuated by good faith, abstain from deception and practice honesty and equity in all insurance matters. Upon the insurer, the insured and their representatives rests the duty of preserving inviolate the integrity of insurance. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:1-104 Particular provisions prevail.

§431:1-104 Particular provisions prevail.
Provisions of this code relating to a particular class of insurance or a particular type of insurer or to a particular matter prevail over provisions relating to insurance in general or insurers in general or to such matter in general. [L 1987, c 347, pt of §2]
Case Notes
Mentioned: 95 F.3d 791 (1996); 795 F. Supp. 1036 (1992).
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:1-105 Records, statements and reports.

§431:1-105 Records, statements and reports.
(a) All records, statements and reports required or authorized by this code shall be made in writing in the English language.
(b) All statements, estimates, percentages, payments, and calculations required or authorized by this code shall be made on the basis of the lawful money of the United States. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:1-201 Insurance defined.

§431:1-201 Insurance defined.
(a) Insurance is a contract whereby one undertakes to indemnify another or pay a specified amount upon determinable contingencies.
(b) The following contracts are not considered to be insurance for the purposes of this code:
(1) A bond with respect to which no premium is charged or paid;
(2) A bond or contract or undertaking in the performance of which the surety has an interest other than that of surety;
(3) A plan or agreement between an employer and any employee or the employee's representative, individually or collectively, by the terms of which the employer or the parties to the plan or agreement agree to contribute to the cost of nonoccupational disability benefits, medical attention, treatment or hospitalization for the employee or members of the employee's family unless such plan is underwritten by an insurer as defined in this article;
(4) A legal service plan as defined in chapter 488 other than plans in which either the person or entity offering the plan or the person administering the plan is otherwise subject to this code;
(5) Any unincorporated interindemnity or reciprocal or interinsurance contract, which qualifies under chapter 435E between members of a cooperative corporation, whose members consist only of physicians and surgeons licensed in Hawaii, which contracts indemnify solely in respect to medical malpractice claims against such members, and which do not collect in advance of loss any moneys other than contributions by each member to a collective reserve trust fund or for necessary expenses of administration. [L 1987, c 347, pt of §2; am L 2012, c 34, §22]
Case Notes
Materialman guaranteeing general contractor's performance through surety bond did not have an interest in the performance of the bond other than that of surety. 797 F. Supp. 832 (1992).
When the uncontested requirements of the managed care plan request for proposals were read alongside the text of subsection (a) defining the term "insurance", it was clear that the insurers had agreed to assume a risk based on a relationship with plan members--not the department of human services--and were "undertaking to indemnify another or pay a specified amount upon determinable contingencies"; thus, insurers were not performing their plan contracts under no licensing authority but held licenses pursuant to article 431:10A and were contracted to provide insurance services for plan members. 126 H. 326, 271 P.3d 621 (2012).
Vehicle theft registration system sold by car dealership did not constitute "insurance" where the system warranted against the "defect" that the system would fail to deter a theft and fail to aid in the recovery of the owner's vehicle, and did not warrant against the fortuitous happening of the theft itself. 122 H. 181 (App.), 223 P.3d 246 (2009).
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:1-202 Insurer defined.

§431:1-202 Insurer defined.
Insurer means every person engaged in the business of making contracts of insurance and includes reciprocal or interinsurance exchanges. [L 1987, c 347, pt of §2]
Attorney General Opinions
The State did not meet definition of insurer in this section. Att. Gen. Op. 95-2.
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:1-203 Classes of insurance

§431:1-203 Classes of insurance
. For the purposes of this code, the classes of insurance are: life insurance (including industrial and group life insurance) as defined in section 431:1-204; accident and health or sickness insurance, also referred to as disability insurance (including group disability insurance), as defined in section 431:1-205; property insurance as defined in section 431:1-206; marine and transportation insurance as defined in section 431:1-207; vehicle insurance as defined in section 431:1-208; general casualty insurance as defined in section 431:1-209; surety insurance as defined in section 431:1-210; and such other classes as may be authorized by law. [L 1987, c 347, pt of §2; am L 2002, c 155, §4]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:1-205 Accident and health or sickness insurance defined

§431:1-205 Accident and health or sickness insurance defined
. Accident and health or sickness insurance, also referred to as disability insurance, is insurance against bodily injury, disablement, or death by accident, or accidental means, or the expense thereof; against disablement or expense resulting from sickness; and every insurance appertaining thereto, including health and medical insurance. [L 1987, c 347, pt of §2; am L 2002, c 155, §5]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:1-206 Property insurance defined.

§431:1-206 Property insurance defined.
Property insurance is insurance against loss of or damage to real or personal property of every kind and any interest therein, from any or all hazard or cause and against loss consequential upon such loss of or damage. An inclusion within other defined classes of insurance of the right to insure against certain designated perils to real or personal property shall not be deemed a diminution of the definition of property insurance. [L 1987, c 347, pt of §2]
Cross References
Hawaii hurricane relief fund, see chapter 431P.
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:1-207 Marine and transportation insurance defined.

§431:1-207 Marine and transportation insurance defined.
Marine and transportation insurance is:
(1) Insurance against any and all kinds of loss of or damage to:
(A) Vessels, craft, aircraft, cars, automobiles, and vehicles of every kind, as well as all goods, freights, cargoes, merchandise, effects, disbursement, profits, moneys, bullion, precious stones, securities, choses in action, evidences of debt, valuable papers, bottomry and respondentia interests, and all other kinds of property and interests therein, in respect to, appertaining to, or in connection with any and all risks or perils of navigation, transit or transportation, including war risks, on or under any seas or other waters, on land or in the air, or while being assembled, packed, crated, baled, compressed, or similarly prepared for shipment or while awaiting the same or during any delays, storage, transshipment, or reshipment incident thereto, including marine builder's risks and all personal property floater risks;
(B) Person or to property in connection with or appertaining to a marine, inland marine, transit, or transportation insurance, including liability for loss of or damage to either, arising out of or in connection with the construction, repair, operation, maintenance, or use of the subject matter of such insurance (but not including life insurance or surety bonds nor insurance against loss by reason of bodily injury to the person arising out of the ownership, maintenance or use of automobiles);
(C) Precious stones, jewels, jewelry, gold, silver, and other precious metals, whether used in business or trade or otherwise and whether the same be in course of transportation or otherwise; and
(D) Bridges, tunnels and other instrumentalities of transportation and communication (excluding buildings, their furniture and furnishings, fixed contents and supplies held in storage) unless fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot, and civil commotion are the only hazards to be covered; piers, wharves, docks, and slips, excluding the risks of fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot, and civil commotion; other aids to navigation and transportation, including drydocks and marine railways, against all risks.
(2) Marine protection and indemnity insurance, meaning insurance against, or against legal liability of the insured for, loss, damage or expense arising out of, or incident to, the ownership, operation, chartering, maintenance, use, repair or construction of any vessel, craft or instrumentality in use in ocean or inland waterways, including liability of the insured for personal injury, illness or death or for loss of or damage to the property of another person. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:1-208 Vehicle insurance defined.

§431:1-208 Vehicle insurance defined.
(a) Vehicle insurance is insurance against loss of or damage to any land vehicle or aircraft or any draft or riding animal or to property while contained therein or thereon or being loaded or unloaded therein or therefrom, and against any loss, expense or liability for loss or damage to persons or property resulting from or incident to ownership, maintenance, or use of any such vehicle or aircraft or animal.
(b) Insurance against accidental death or accidental injury to individuals including the named insured while in, entering, alighting from, adjusting, repairing, cranking, or caused by being struck by a vehicle, aircraft, or draft or riding animal, if such insurance is issued as part of insurance on the vehicle, aircraft, or draft or riding animal, shall be deemed to be vehicle insurance. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:1-210 Surety insurance defined.

§431:1-210 Surety insurance defined.
Surety insurance includes:
(1) Bail bond insurance, which is a guarantee that any person, in or in connection with any proceedings in any court, will:
(A) Attend in court when required, or
(B) Will obey the orders of judgment of the court, as a condition to the release of the person from confinement, and the execution of bail bonds for any such purpose. The making of property or cash bail does not constitute the transacting of bail bond insurance.
(2) Fidelity insurance, which is insurance guaranteeing the fidelity of persons holding positions of public or private trust.
(3) Guaranteeing the performance of contracts and guaranteeing and executing bonds, undertakings and contracts of suretyship.
(4) Indemnifying banks, bankers, brokers, financial or moneyed corporations or associations against loss resulting from any cause of bills of exchange, notes, bonds, securities, evidences of debts, deeds, mortgages, warehouse receipts, or other valuable papers, documents, money, precious metals, and articles made therefrom, jewelry, watches, necklaces, bracelets, gems, precious and semiprecious stones, including any loss while the same are being transported in armored motor vehicles, or by messenger, but not including any other risks of transportation or navigation; also against loss or damage to such insured's premises, or to the insured's furnishings, fixtures, equipment, safes, and vaults therein, caused by burglary, robbery, theft, vandalism, or malicious mischief, or any attempted burglary, robbery, theft, vandalism, or malicious mischief.
(5) Forgery insurance. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:1-211 Ocean marine insurance defined.

§431:1-211 Ocean marine insurance defined.
Ocean marine insurance (although not a class of insurance as named in section 431:1-203), whenever the term is used in this code, means insurance:
(1) Upon vessels, crafts, hulls, and of interests therein, or with relation thereto;
(2) Of marine builders' risks, marine war risks and contracts of marine protection and indemnity insurance;
(3) Of freights and disbursements pertaining to a subject of insurance coming within this definition;
(4) Of personal property and interests therein, in course of movement into or out of this State or among the islands of this State, or in course of exportation from or importation into any country, or in course of transportation coastwise, including transportation by land, water, or air from point of origin to final destination, in respect to, appertaining to, or in connection with, any risk or peril of navigation, transit or transportation, and while being prepared for and while awaiting shipment, and during any delays, storage, transshipment, or reshipment incident thereto. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:1-213 State defined.

§431:1-213 State defined.
State means any state of the United States and the governments of Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, the United States Virgin Islands, and the District of Columbia. [L 1987, c 347, pt of §2; am L 1997, c 233, §2; am L 2011, c 68, §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:1-214 United States defined.

§431:1-214 United States defined.
United States, when used to signify a place, means the states of the United States and the governments of Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, the United States Virgin Islands, and the District of Columbia. [L 1987, c 347, pt of §2; am L 1997, c 233, §3; am L 2011, c 68, §3]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:1-215 Transaction of an insurance business.

§431:1-215 Transaction of an insurance business.
Transaction of an insurance business means any of the following acts in this State effected by mail or otherwise by or on behalf of an insurer. The venue of an act committed by mail is at the point where the matter transmitted by mail is delivered and takes effect. Unless otherwise indicated, the term insurer as used in this definition includes all corporations, associations, partnerships, and individuals, engaged as principals in the business of insurance and also includes reciprocal insurers.
(1) The making of or proposing to make, as an insurer, an insurance contract;
(2) The making of or proposing to make, as guarantor or surety, any contract of guaranty or suretyship as a vocation and not merely incidental to any other legitimate business or activity of the guarantor or surety;
(3) The taking or receiving of any application for insurance;
(4) The receiving or collection of any premium, commission, membership fees, assessments, dues or other consideration for any insurance or any part thereof;
(5) The issuance or delivery of contracts of insurance to residents of this State or to persons authorized to do business in this State;
(6) The transaction of any kind of insurance business specifically recognized as transacting an insurance business under this code; or
(7) The transacting or proposing to transact any insurance business in substance equivalent to any of the foregoing in a manner designed to evade the provisions of this code. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:2-102 Insurance commissioner.

§431:2-102 Insurance commissioner.
(a) The insurance division shall be under the supervision and control of an administrator who shall be known as the insurance commissioner. The director of commerce and consumer affairs shall, with the approval of the governor, appoint the insurance commissioner who shall not be subject to chapter 76. The insurance commissioner shall hold the insurance commissioner's office at the pleasure of the director of commerce and consumer affairs and shall be responsible for the performance of the duties imposed upon the division.
(b) Commissioner, where used in this code, means the insurance commissioner of this State. [L 1987, c 347, pt of §2; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:2-103 Salary.

§431:2-103 Salary.
The salary of the commissioner shall be set by the director of commerce and consumer affairs but shall not be more than the maximum salary of first deputies to department heads. [L 1987, c 347, pt of §2]
Cross References
Salary of deputies or assistants, see §26-53.
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:2-104 Seal.

§431:2-104 Seal.
The official seal of the commissioner shall be a vignette of King Kamehameha I, with the words "Insurance Commissioner, State of Hawaii" surrounding the vignette. Any certificate or license issued by the commissioner shall bear the commissioner's official seal. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:2-105 Deputies, employees.

§431:2-105 Deputies, employees.
(a) There shall be a chief deputy commissioner, who shall be subject to chapter 76. The chief deputy commissioner shall have the power to perform any act or duty assigned by the commissioner. If a commissioner has not been appointed, the chief deputy commissioner shall have the power to perform any act that the commissioner is authorized to perform until an appointment becomes effective. The certificate of the chief deputy commissioner's appointment shall be filed in the office of the lieutenant governor.
(b) There may be additional deputy commissioners and examiners and actuarial, technical, and administrative assistants and clerks for such purposes as the commissioner may designate. All of the positions shall be subject to chapter 76.
(c) The commissioner may appoint a senior rate and policy analyst who shall not be subject to chapter 76.
(d) The commissioner shall be responsible for the official acts of the commissioner's deputies and employees.
(e) The commissioner may require any employee to be bonded as the commissioner deems proper. The cost of the bond shall be borne by the State. [L 1987, c 347, pt of §2; am L 1988, c 363, §2(1); am L 1999, c 246, §1; am L 2000, c 253, §150; am L 2006, c 48, §7; am L 2011, c 81, §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:2-105.5 Staff.

§431:2-105.5 Staff.
There are established within the insurance division of the department of commerce and consumer affairs six positions for technical staff, and three positions for clerical staff, necessary to enable the State to meet and maintain National Association of Insurance Commissioners accreditation standards. These positions shall not be subject to chapter 76. [L 1993, c 321, §1; am L 1999, c 163, §10; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:2-106 Ethical requirements for insurance division staff.

§431:2-106 Ethical requirements for insurance division staff.
The commissioner, deputies and employees of the insurance division shall not represent, be employed by, own any securities of, be a creditor of, or be financially interested in any other manner in, any insurer authorized to do business in this State, or in any insurance agency in this State, except that the commissioner, or any deputy or employee, may be a policyholder or obligee of any such insurer. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:2-107 Workers' compensation rate analysis.

§431:2-107 Workers' compensation rate analysis.
There shall be established within the insurance division a unit to assist the commissioner in workers' compensation insurance rate-filing and rate-making proceedings under article 14. The commissioner may employ or contract actuaries, accountants, investigators, clerks, stenographers, and other assistants who shall not be subject to chapter 76. [L 1987, c 347, pt of §2; am L 2000, c 253, §150]
Cross References
Limitation on charges, see §431:10C-308.5.
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:2-108 Commissioner may delegate.

§431:2-108 Commissioner may delegate.
Any power, duty, or function vested in the commissioner by this code may be exercised, discharged, or performed by any employee of the department of commerce and consumer affairs acting in the name and by the delegated authority of the commissioner, with the approval of the director of the department of commerce and consumer affairs. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:2-109 Supplies, convention blanks.

§431:2-109 Supplies, convention blanks.
The commissioner shall purchase at the expense of this State and in the manner provided by law:
(1) Printing, books, reports, furniture, equipment, and supplies as the commissioner deems necessary to the proper discharge of the commissioner's duties under this code.
(2) Convention form insurers' annual statement blanks, which the commissioner may purchase from any printer manufacturing the forms for the various states. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:2-201 General powers and duties.

Note
"Annual study and report to 2017-2021 legislature by insurance commissioner on impact of L 2016, c 236 (regarding transportation network companies) 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.
§431:2-201 General powers and duties.
(a) The commissioner shall have the authority expressly conferred upon the commissioner by or reasonably implied from the provisions of this code.
(b) The commissioner shall execute the commissioner's duties and shall enforce this code.
(c) The commissioner may:
(1) Make reasonable rules for effectuating any provision of this code, except those relating to the commissioner's appointment, qualifications, or compensation. The commissioner shall adopt rules to effectuate article 10C of chapter 431, subject to the approval of the governor's office and the requirements of chapter 91;
(2) Conduct examinations and investigations to determine whether any person has violated any provision of this code or to secure information useful in the lawful administration of any provision;
(3) Require applicants to provide fingerprints and pay a fee to allow the commissioner to make a determination of license eligibility after obtaining state and national criminal history record checks from the Hawaii criminal justice data center and the Federal Bureau of Investigation;
(4) Require, upon reasonable notice, that insurers report any claims information the commissioner may deem necessary to protect the public interest; and
(5) Upon showing of good cause, waive or modify, in whole or part, any or all fees by order. [L 1987, c 347, pt of §2; am L 1998, c 275, §12; am L 2003, c 212, §15; am L 2009, c 77, §13; am L 2021, c 110, §5]
Attorney General Opinions
The division will be responsible for enforcement of health insurance provisions of the reciprocal beneficiaries act [L 1997, c 383], because those provisions are placed within the insurance code and, therefore, are within the commissioner's enforcement responsibility under subsection (b); those provisions can only be enforced against insurers, not employers. Att. Gen. Op. 97-10.
Case Notes
Commissioner's rulemaking authority enabled commissioner to adopt procedural mechanism, i.e., peer review process, through which guidelines for service provider fees and frequency of treatment may be exceeded. 927 F. Supp. 1330 (1996).
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:2-201.2 Standards for commissioner.

§431:2-201.2 Standards for commissioner.
When reviewing a uniform standard, the commissioner shall consider the following standards in determining whether to opt out of a uniform standard:
(1) Whether the public interest is being served or protected;
(2) Whether the reasonable expectations of the consumer will be met;
(3) Whether the uniform standard is or will require a reasonably clear, plain English communication to the consumer;
(4) Whether the consumer will be protected in a typical transaction where the consumer may have less power, information, or understanding of the meaning or consequences of the transaction, or any part thereof, than the insurer or producer;
(5) The long-term effects of the uniform standard;
(6) The possible effects of the uniform standard on the financial condition of insurers;
(7) Confidentiality requirements in state or federal law;
(8) State and federal constitutional issues;
(9) The impact of the uniform standard on any provision of the insurance code or any state or federal law;
(10) The uniform standard's particular impact in the State and any conditions unique to the State; and
(11) The integration of the uniform standard with state or federal law and any possible conflicts with such laws. [L 2004, c 104, §3]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:2-201.3 Criminal convictions; consent to engage in business.

§431:2-201.3 Criminal convictions; consent to engage in business.
(a) Any person who is engaged in the business of insurance or who is about to engage in the business of insurance in this State and who has been convicted of any felony shall request the commissioner's written consent to engage in the business of insurance.
(b) After receipt of the request, the commissioner, in writing, may:
(1) Consent to the person engaging in the business of insurance;
(2) Provide a limited consent; or
(3) Deny the individual the privilege of engaging in the business of insurance.
(c) Any person who fails to submit the request as required by this section and who engages in the business of insurance without the written consent of the commissioner shall be in violation of this chapter and subject to the fines and penalties provided under this chapter.
(d) The commissioner may prescribe the format and content of the form used to request the commissioner's written consent to engage in the business of insurance. [L 2000, c 73, §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:2-201.8 Sales to members of the armed forces.

§431:2-201.8 Sales to members of the armed forces.
Pursuant to the Military Personnel Financial Services Protection Act, Pub. L. No. 109-290, the commissioner shall have the authority to adopt rules to protect service members of the United States armed forces from dishonest and predatory life insurance sales practices by declaring certain life insurance practices, identified in the rules, to be false, misleading, deceptive, or unfair. [L 2007, c 233, §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:2-202 Orders and notices.

§431:2-202 Orders and notices.
(a) Orders and notices of the commissioner shall not be effective unless in writing and signed by the commissioner or by a person acting under authority delegated by the commissioner pursuant to section 431:2-108.
(b) Every such order or notice shall:
(1) Contain a concise statement of the grounds upon which it is based.
(2) Designate the provisions of this code pursuant to which action is so taken or proposed to be taken.
(3) State the effective date of the order or notice.
(4) Contain other matters as may be required by section 91-12.
(c) An order or a notice may be given by delivery to the person to be ordered or notified or by mailing it, postage prepaid, and registered with return receipt requested addressed to the person at the person's residence or principal place of business as last of record in the department of commerce and consumer affairs. [L 1987, c 347, pt of §2; am L 2004, c 122, §3]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:2-202.5 Approval; when deemed effective.

§431:2-202.5 Approval; when deemed effective.
Except as provided otherwise, any approval required by law shall be deemed granted on the sixtieth calendar day following the filing of the request for approval if the commissioner does not take any affirmative action to grant or deny the approval within sixty calendar days of the request. [L 2000, c 264, §1; am L 2001, c 121, §1; am L 2011, c 81, §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:2-204 Commissioner's power to subpoena.

§431:2-204 Commissioner's power to subpoena.
(a) The commissioner, either on the commissioner's own behalf or on behalf of any interested party, may take depositions, and subpoena witnesses or documentary evidence. The commissioner may administer oaths, and examine under oath any individual relative to the affairs of any person being examined, or relative to the subject of any hearing or investigation.
(b) The subpoena shall have the same force and effect and shall be served in the same manner as if issued from a court of record.
(c) Witness fees and mileage, if claimed, shall be allowed the same as for testimony in a court of record. Witness fees, mileage, and the actual expense necessarily incurred in securing attendance of witnesses and their testimony shall be itemized, and shall be paid by the person as to whom the examination is being made, or by the person if other than the commissioner, at whose request the hearing is held.
(d) When the commissioner, through the insurance fraud investigations branch, is conducting an investigation of possible violations of part IV, the commissioner shall pay to a financial institution that is served a subpoena issued under this section a fee for reimbursement of the costs that are necessary and which have been directly incurred in searching for, reproducing, or transporting books, papers, documents, or other objects designated by the subpoena. Reimbursement shall be paid at a rate not to exceed the rate set forth in section 28-2.5(d). [L 1987, c 347, pt of §2; am L 1998, c 155, §1; am L 2009, c 149, §4]
Cross References
Witness fees, mileage, see §607-12.
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:2-205 Commissioner to receive service of legal process on foreign or alien insurer.

§431:2-205 Commissioner to receive service of legal process on foreign or alien insurer.
(a) Each authorized foreign or alien insurer shall appoint the commissioner as its attorney to receive service of, and upon whom may be served, all legal process issued against it in this State upon causes of action arising within this State. Service upon the commissioner as attorney shall constitute service upon the insurer.
(b) With the appointment, the insurer shall designate by a name and address the person to whom the commissioner shall forward legal process so served upon the commissioner. The insurer may change such person by filing a new designation. However, the insurer's last known principal office may be used by the commissioner in lieu of the designated person.
(c) The insurer shall file with the commissioner a resolution adopted by its board of directors or other governing board consenting that service of process upon the commissioner in any action or proceeding against the insurer brought or pending in this State upon any cause of action arising in or growing out of business transacted in this State, shall be valid service upon the insurer, and the consent shall be irrevocable, so long as a policy of insurance of such insurer shall remain in force in this State, or any loss remains unpaid therein.
(d) The insurer shall also file the name and business address of its authorized resident agent upon whom process may be served in all cases. Until such time as the agent's authority is revoked by a notice in writing filed in the office of the commissioner, service may be had upon the insurer by personal service upon the agent. In case a corporation is designated as an agent, service of process may be had by serving the same upon the president, vice-president, secretary, treasurer, or any director thereof; and in case a partnership is designated as an agent, service of process may be had by serving the same upon any member thereof. Service may be had on either the authorized agent or the commissioner. [L 1987, c 347, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:2-206 How service on commissioner made.

§431:2-206 How service on commissioner made.
(a) A person competent to serve a summons shall serve upon the commissioner triplicate copies of legal process against an insurer for whom the commissioner is attorney. In the absence of the commissioner, the process may be served upon the chief deputy or the deputy in charge of the insurance function. At the time of service the plaintiff shall pay to the commissioner $25, taxable as costs in the action.
(b) In lieu of service on the commissioner, legal process may be served upon a domestic reciprocal insurer by serving the insurer's attorney-in-fact at the attorney-in-fact's principal offices.
(c) The commissioner shall forthwith send one of the copies of the process to the person designated for the purpose by the insurer in its most recent designation filed with the commissioner, or to the insurer at its last known principal office if no such designation is on file, and return one copy to the plaintiff with the commissioner's acknowledgment of service.
(d) The commissioner shall keep a record of the day and hour of service upon the commissioner of all such legal process. No proceedings shall be had against the insurer, and the insurer shall not be required to appear, plead, or answer until the expiration of forty days after the date of service upon the commissioner. [L 1987, c 347, pt of §2; am L 1997, c 368, §1; am L 2011, c 81, §3]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:2-207 Contempt proceedings.

§431:2-207 Contempt proceedings.
If any individual fails to obey the subpoena, or obeys the subpoena but refuses to testify when required concerning any matter under examination, investigation or the subject of the hearing, the commissioner shall file a written report thereof and proof of service of the commissioner's subpoena in the circuit court of the county where the examination, investigation or hearing is being conducted. Thereupon the court shall forthwith cause the individual to be brought before it to show cause why the individual should not be held in contempt, and if so held, may punish the individual as if the failure or refusal related to a subpoena from or testimony in that court. [L 1987, c 347, pt of §2]