reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 17 - CAPTIVE INSURANCE COMPANIES › Section 16-17-11.1 - Risk-based capital regulatory action guidelines for risk retention captives

Current through June, 2024
Risk retention captives subject to the risk-based capital
				requirements pursuant to sections
				431:3-401 to
				431:3-408,
				Hawaii Revised Statutes, may petition the commissioner to waive any risk-based
				capital regulatory action requirement if the risk retention captive can
				demonstrate, by filing five years of projected pro forma financial statements
				of the risk retention captive, that any of the following exists:
(1) The financial condition and support of
			 the risk retention captive members or sponsoring organization or both is
			 evidenced by the members or sponsoring organization or both maintaining:
(A) An investment grade rating from a
			 nationally recognized statistical rating organization, or an A.M. Best rating
			 A- or higher; or
(B) Equity equal
			 to or greater than $100 million, or equity equal to or greater than twenty
			 times the risk retention captive's largest net retained per occurrence limit,
			 as evidenced by the filing of at least the five most recent years of audited
			 financial statements of the members or sponsoring organization, or
			 both.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 17 - CAPTIVE INSURANCE COMPANIES › Section 16-17-12 - Availability and retention of work papers of the independent certified public accountant

Current through June, 2024
(a) Each captive
			 shall require its independent certified public accountant to make available for
			 review by the commissioner or appointed agent work papers prepared in the
			 conduct of the annual statement and the audit of the captive. The captive shall
			 require that the independent certified public accountant retain the audit work
			 papers for a period of not less than seven years after the period being
			 reported.
(b) The review conducted
			 in subsection (a) shall be considered an investigation, and all work papers
			 obtained during the course of that investigation shall be confidential in
			 accordance with the captive insurance code. The captive shall require that the
			 independent certified public accountant provide photocopies of any and all work
			 papers that the commissioner deems relevant. The commissioner may retain these
			 copies.
(c) As used in this
			 section, "work papers" include, but are not limited to, schedules, analyses,
			 reconciliations, abstracts, memoranda, narratives, flow charts, copies of
			 company records, or other documents prepared or obtained by the independent
			 certified public accountant in the conduct of the examination of the captive.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 17 - CAPTIVE INSURANCE COMPANIES › Section 16-17-13 - Documentation required to be held by captives in Hawaii

Current through June, 2024
(a)
			 The captive shall maintain accurate, legible, and complete original,
			 photocopied, or electronic records of the captive's operations in its principal
			 office in Hawaii or another Hawaii location designated by the captive and
			 approved by the commissioner. Upon the request of the commissioner to review
			 the captive's records, the captive shall provide the commissioner timely access
			 to the requested documents. If any document is in a foreign language, a
			 translation under oath of the translator shall accompany the
			 document.
(b) Each captive shall
			 designate in writing one of its service providers to serve as the captive's
			 representative with respect to the maintenance and production of the captive's
			 records. The captive's designated representative shall be:
(1) Physically present in Hawaii;
			 and
(2) Able to respond to
			 questions about the captive, including matters related to the captive's
			 operation, management, financial condition, investments, and insurance and
			 reinsurance programs.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 17 - CAPTIVE INSURANCE COMPANIES › Section 16-17-14 - Reinsurance

Current through June, 2024
(a) Reinsurance under this section shall be
			 effected through a written agreement of reinsurance setting forth the terms,
			 provisions, and conditions governing the reinsurance.
(b) A risk retention captive:
(1) Shall qualify for credit for reinsurance
			 on risks ceded to a reinsurer if the reinsurer is in compliance with chapter
			 431, article 4A of the Hawaii Revised Statutes; or
(2) May qualify for credit for reinsurance on
			 risks ceded to a reinsurer, provided the reinsurer meets the reinsurance
			 guidelines for risk retention captives pursuant to section
			 16-17-14.1.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 17 - CAPTIVE INSURANCE COMPANIES › Section 16-17-14.1 - Reinsurance guidelines for risk retention captives

Current through June, 2024
(a)
			 A risk retention captive may qualify for credit for reinsurance on risks ceded
			 to a reinsurer if:
(1) The reinsurer
			 maintains an A- or higher A.M. Best rating or other comparable rating from a
			 nationally recognized statistical rating organization, the reinsurer maintains
			 a minimum policyholder surplus in an amount acceptable to the commissioner
			 based upon a review of the reinsurer's most recent audited financial
			 statements, and the reinsurer is licensed and domiciled in a jurisdiction
			 acceptable to the commissioner; or
(2) The reinsurer satisfies all of the
			 following requirements and any other requirements deemed necessary by the
			 commissioner:
(A) The risk retention captive
			 or its captive manager shall file annually, on or before June 30, the
			 reinsurer's audited financial statements, which the commissioner shall analyze
			 to assess the appropriateness of the reserve credit or the initial and
			 continued financial condition of the reinsurer;
(B) The reinsurer shall demonstrate to the
			 satisfaction of the commissioner that it maintains a ratio of net written
			 premium, wherever written, to surplus and capital of not more than three to
			 one;
(C) If the reinsurer is an
			 affiliate of the risk retention captive, the reinsurer shall not write
			 third-party business without prior written approval from the
			 commissioner;
(D) The reinsurer
			 shall not use cell arrangements without prior written approval from the
			 commissioner;
(E) The reinsurer
			 shall be licensed and domiciled in a jurisdiction acceptable to the
			 commissioner; and
(F) The reinsurer
			 shall submit to the examination authority of the commissioner.
For purposes of this paragraph, a reinsurer is affiliated with
				a risk retention captive if more than fifty per cent of the equity interests in
				the reinsurer are owned, directly or indirectly, by one or more members of the
				risk retention captive.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 17 - CAPTIVE INSURANCE COMPANIES › Section 16-17-15 - Business plan or plan of operation amendments; changes in ownership, governing body and officers

Current through June, 2024
(a) The captive
			 shall provide written notice and obtain prior approval from the commissioner
			 for any change in ownership or material change to the captive's business plan
			 or plan of operation that was filed with the commissioner upon application or
			 as otherwise required by statute.
(b) The captive shall provide written notice
			 to the commissioner for any nonmaterial changes to the captive's business plan
			 or plan of operation or as otherwise required by statute.
(c) The captive shall provide written notice
			 to the commissioner within thirty days after any change to its governing body
			 or its officers, including submission of the completed biographical affidavit
			 of any new member of the captive's governing body or officer. The captive shall
			 obtain prior approval from the commissioner for any new appointment who does
			 not already have a biographical affidavit on file with the commissioner.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 17 - CAPTIVE INSURANCE COMPANIES › Section 16-17-16 - Suspension or revocation of license; fines

Current through June, 2024
(a) The commissioner
			 may by order fine, suspend or revoke the license of a captive or any
			 combination of these actions:
(1) For any
			 reason provided in section
			 431:19-109,
			 Hawaii Revised Statutes; or
(2)
			 Pursuant to the captive's request.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 17 - CAPTIVE INSURANCE COMPANIES › Section 16-17-17 - Surety insurance

Current through June, 2024
(a) A captive may
			 provide surety insurance under a business plan approved by the commissioner,
			 provided that the captive maintains a ratio no greater than ten to one of the
			 total value of outstanding bond obligations to unimpaired capital and surplus.
			 For purposes of this subsection, intercompany or affiliated loans are
			 considered nonadmitted assets when determining unimpaired capital and surplus
			 under sections
			 431:19-104,
			 431:6-201,
			 and
			 431:19-110, Hawaii
			 Revised Statutes, unless an irrevocable letter of credit issued by a bank
			 chartered by this State or a member bank of the Federal Reserve System, or
			 other collateral approved by the commissioner, fully secures the
			 loans.
(b) Within forty-five days
			 of the end of each calendar quarter, the approved captive manager pursuant to
			 section
			 431:19-101.4,
			 Hawaii Revised Statutes, shall submit to the commissioner the following:
(1) A listing of all outstanding surety
			 obligations, including the purpose of each bond and its respective obligee,
			 bond principal, outstanding bond value, and calculations of unearned premiums
			 based upon the bond term. The listing shall also include attestations by an
			 officer of the captive and the captive manager that the listing is complete and
			 accurate;
(2) Quarterly unaudited
			 financial statements of the captive insurer prepared in accordance with
			 generally accepted accounting principles or other accounting principles
			 prescribed or permitted under law, and attested by the captive manager and an
			 officer of the captive;
(3)
			 Quarterly unaudited financial statements of the bond principal, and a statement
			 signed by an officer or other responsible person of the bond principal as to
			 whether there has been any written claim or notice of dispute, or lawsuit
			 received by the bond principal relating to the contract or matter for which a
			 bond underwritten by the captive was issued involving an amount equal to or
			 exceeding ten percent (10%) of the face amount of the bond. For
			 construction-related bonds, the principal shall include a construction
			 work-in-progress report for all of the principal's construction projects
			 supported by outstanding bonds issued by the captive;
(4) Quarterly statutory compliance
			 calculations for minimum required capital and surplus pursuant to sections
			 431:19-104,
			 431:6-201,
			 and
			 431:19-110, Hawaii
			 Revised Statutes; and
(5) Any
			 additional information required by the commissioner.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 18 - HAWAII LIFE AND DISABILITY INSURANCE GUARANTY ASSOCIATION SUMMARY DOCUMENT, DISCLAIMER AND WRITTEN NOTICE › Section 16-18-1 - Purpose

Current through June, 2024
The purpose of this chapter is to prescribe the form and
				content of the summary document disclaimer pursuant to section
				431:16-218(c)
				and the written notice pursuant to section
				431:16-218(d).
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 18 - HAWAII LIFE AND DISABILITY INSURANCE GUARANTY ASSOCIATION SUMMARY DOCUMENT, DISCLAIMER AND WRITTEN NOTICE › Section 16-18-2 - Summary document

Current through June, 2024
(a) The Hawaii Life
			 and Disability Insurance Guaranty Association (Guaranty Association) shall
			 submit the summary document to the commissioner for approval before the
			 document may be delivered to policyholders. Upon receiving approval from the
			 commissioner, the Guaranty Association shall notify all its members of the
			 contents of the approved summary document.
(b) Insurance companies may print the summary
			 document on their own letterhead in substantially the same form as that
			 approved by the commissioner in Exhibit A, dated September 1991, located at the
			 end of this chapter and made a part of this section. The wording of the summary
			 document shall be identical to that approved by the commissioner.
(c) The insurance company or insurance agent
			 shall deliver the summary document to the policyholder or certificate holder at
			 the time of delivery of the insurance policy unless section
			 431:16-203(b)(2)(A)
			 applies. The summary document shall be a separate document from the policy and
			 shall not be attached to nor made part of the policy.
(d) Revisions to the summary document shall
			 be approved by the commissioner prior to use.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 18 - HAWAII LIFE AND DISABILITY INSURANCE GUARANTY ASSOCIATION SUMMARY DOCUMENT, DISCLAIMER AND WRITTEN NOTICE › Section 16-18-3 - Disclaimer

Current through June, 2024
(a) The contents of the disclaimer described
			 in section
			 431:16-218(c)
			 shall read as follows:
"The Hawaii Life and Disability Insurance Guaranty Association
				may not provide coverage for this policy. If coverage is provided, it may be
				subject to substantial limitations or exclusions, and require continued
				residency in Hawaii. You should not rely on coverage by the Hawaii Life and
				Disability Insurance Guaranty Association in selecting an insurance company or
				in selecting an insurance policy.
Coverage is NOT provided for your policy or any portion of it
				that is not guaranteed by the insurer or for which you have assumed the risk,
				such as a variable contract sold by prospectus.
Insurance companies and their agents are required by law to
				give or send you this notice. However, insurance companies and their agents are
				prohibited by law from using the existence of the Hawaii Life and Disability
				Insurance Guaranty Association to induce you to purchase any kind of insurance
				policy.
The Hawaii Life and Disability Insurance Guaranty
				Association
P.O. Box 4068
Honolulu, Hawaii 96812
Department of Commerce and Consumer Affairs
Insurance Division
P. O. Box 3614
Honolulu, Hawaii 96811"
(b) This disclaimer shall be stamped or
			 written conspicuously upon the first page of the summary document described in
			 section
			 431:16-218.
			 The wording of the disclaimer shall be identical to that prescribed by the
			 commissioner in Exhibit A, dated September 1991, located at the end of this
			 chapter and made a part of this section.
(c) The disclaimer may include the name and
			 address of the insurance company issuing the policy and the name and address of
			 the insurance agent who procured the policy.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 18 - HAWAII LIFE AND DISABILITY INSURANCE GUARANTY ASSOCIATION SUMMARY DOCUMENT, DISCLAIMER AND WRITTEN NOTICE › Section 16-18-4 - Written notice

Current through June, 2024
(a) This written
			 notice shall only apply to section
			 431:16-203(b)(2)(A).
			 The wording of the written notice described in section
			 431:16-218(d)
			 shall be identical to that prescribed in Exhibit B, dated September 1991,
			 located at the end of this chapter and made a part of this section.
(b) The notice shall include the name and
			 address of the insurance company issuing the policy. The insurance company may
			 print the notice on their own letterhead.
(c) The notice shall be delivered by the
			 insurance company or agent prior to or at the time of delivery of the policy to
			 the policyholder or to the certificate holder. The notice shall be a separate
			 document from the policy and should not be attached to or made a part of the
			 policy.
(d) The summary document
			 shall also be available upon request by the policyholder.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 18 - HAWAII LIFE AND DISABILITY INSURANCE GUARANTY ASSOCIATION SUMMARY DOCUMENT, DISCLAIMER AND WRITTEN NOTICE › Exhibit B

Current through June, 2024
NOTICE CONCERNING EXCLUSIONS FROM COVERAGE UNDER THE
				HAWAII LIFE AND DISABILITY INSURANCE GUARANTY ASSOCIATION ACT
This policy is NOT covered by The Hawaii Life and
				Disability Insurance Guaranty Association
EXCLUSIONS FROM COVERAGE
The following are not covered by the Hawaii Life and
				Disability Insurance Guaranty Association:
* Any policy or any portion of it that is not guaranteed by
				the insurer or for which you have assumed the risk, such as a variable contract
				sold by prospectus.
* Any policy of reinsurance (unless an assumption certificate
				was issued).
* Interest rate yields that exceed an average rate.
* Dividends.
* Credits given in connection with the administration of a
				policy by a group contract holder.
* Employers' plans to the extent they are self-funded (that
				is, not insured by an insurance company, even if an insurance company
				administers them).
* Unallocated annuity contracts (which give rights to group
				contractholders, not individuals).
Also, you are not protected by this Association if:
* You are eligible for protection under the laws of another
				state (this may occur when the insolvent insurer was incorporated in another
				state whose guaranty association protects insureds who live outside that
				state); or
* The insurer was not a member insurer of the Guaranty
				Association. A nonprofit hospital or medical service organization (the
				"Blues"), an HMO, a fraternal benefit society, a mandatory state pooling plan,
				a mutual assessment company or similar plan in which the policy-holder is
				subject to future assessments, or an insurance exchange are examples of
				nonmember insurers.
Insurance companies or their agents are required by law to
				give or send you this notice. However, insurance companies and their agents are
				prohibited by law from using the existence of the Guaranty Association to
				induce you to purchase any kind of insurance policy.
The Hawaii Life and Disability Insurance Guaranty
				Association
P.O. Box 4068
Honolulu, Hawaii 96812
Department of Commerce & Consumer Affairs
Insurance Division
P.O. Box 3614
Honolulu, Hawaii 96811
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 20 - LIFE AND HEALTH REINSURANCE AGREEMENTS › Section 16-20-1 - Purpose

Current through June, 2024
The commissioner recognizes that life and health insurers
				routinely enter into reinsurance agreements that yield legitimate relief to the
				ceding insurer from strain to surplus. The commissioner has, however, become
				aware that some reinsurance agreements have been created for the principal
				purpose of producing significant surplus aid for the ceding insurer and that
				these agreements do not transfer all of the significant risks associated with
				the business being reinsured and provide little or no indemnification of policy
				benefits by the reinsurer. Taking reserve credit under these types of
				agreements would create a situation that may be hazardous to policyholders,
				creditors, or the public or would violate:
(1) Section
			 431:4-121, HRS,
			 regarding false documents relating to the affairs of an insurer;
(2) Section
			 431:3-301,
			 HRS, requiring insurers to file a true statement of their financial condition;
			 and
(3) Sections
			 431:4A-101
			 and
			 431:4A-102,
			 HRS, relating to reinsurance reserve credits and permitting ceding insurers to
			 reduce liabilities or establish assets for reinsurance ceded, provided that
			 they do so in a proper manner.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 20 - LIFE AND HEALTH REINSURANCE AGREEMENTS › Section 16-20-2 - Scope

Current through June, 2024
This chapter shall apply to all domestic life and health
				insurers and to all other licensed life insurers which are not subject to a
				substantially similar regulation in their domiciliary state. This chapter shall
				also apply to licensed property and casualty insurers with respect to their
				accident and health business. This chapter shall not apply to assumption
				reinsurance, yearly renewable term reinsurance, or nonproportional reinsurance
				such as stop loss or catastrophe reinsurance.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 20 - LIFE AND HEALTH REINSURANCE AGREEMENTS › Section 16-20-4 - Written agreements

Current through June, 2024
(a) No reinsurance
			 agreement, amendment, or binding letter of intent to any agreement may be used
			 to reduce any liability or to establish any asset in any financial statement
			 filed with the commissioner unless the agreement, amendment, or binding letter
			 of intent has been duly executed by both parties no later than the date of the
			 financial statement.
(b) In the
			 case of a letter of intent, a reinsurance agreement or an amendment to a
			 reinsurance agreement must be executed within a reasonable period of time, not
			 exceeding ninety days from the execution date of the letter of intent, in order
			 for credit to be granted for the reinsurance ceded.
(c) The reinsurance agreement shall provide
			 that:
(1) The agreement constitutes the entire
			 agreement between the parties with respect to the business being reinsured and
			 that there are no understandings between the parties other than as expressed in
			 the agreement; and
(2) Any change
			 or modification to the agreement shall be null and void unless made by
			 amendment to the agreement and signed by both parties.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 20 - LIFE AND HEALTH REINSURANCE AGREEMENTS › Section 16-20-5 - Existing agreements

Current through June, 2024
Insurers subject to this chapter shall have until December 31,
				1994, to reduce to zero any reserve credits or assets established for
				reinsurance agreements entered into before the effective date of this chapter
				which, under the provisions of this chapter, would not be entitled to
				recognition of the reserve credits or assets, so long as the reinsurance
				agreements comply with laws in existence immediately preceding the effective
				date of this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 20 - LIFE AND HEALTH REINSURANCE AGREEMENTS › Exhibit A - Risk categories

Current through June, 2024
(A)
			 Morbidity;
(B) Mortality;
(C) Lapse.
The risk that a policy will voluntarily terminate before the
				statutory surplus strain experienced at issue of the policy is recouped;
(D) Credit Quality.
The risk that invested assets supporting the reinsured
				business will decrease in value. The main hazards are that assets will default
				or that there will be a decrease in earning power. Credit quality risk excludes
				market value declines due to changes in interest rates.
(E) Reinvestment.
The risk that interest rates will fall and funds reinvested
				(coupon payments or monies received upon asset maturity or call) will earn less
				than expected. If asset durations are less than liability durations, the
				mismatch will increase.
(F)
			 Disintermediation.
The risk of disintermediation, which is the risk that interest
				rates may rise and policy loans and surrenders increase or maturing contracts
				do not renew at anticipated rates or renewal. If asset durations are greater
				than liability durations, the mismatch will increase. Policyholders will move
				their funds into new products offering higher rates. The company may have to
				sell assets at a loss to provide for these withdrawals.
SIGNIFICANCE OF RISK:
Risk Categories
A
B
C
D
E
F
Health insurance, other than long-term care or long term
						  disability
+
o
+
o
o
o
Health insurance, including long-term care or long-term
						  disability
+
o
+
+
+
o
Immediate annuities
o
+
o
+
+
o
Single premium deferred annuities
o
o
+
+
+
+
Flexible premium deferred annuities
o
o
o
+
+
+
Guaranteed interest contracts
o
o
o
+
+
+
Other annuity deposit business
o
o
+
+
+
+
Single premium whole life
o
+
+
+
+
+
Traditional non-participating permanent
o
+
+
+
+
+
Traditional non-participating term
o
+
+
o
o
o
Traditional participating permanent
o
+
+
+
+
+
Traditional participating term
o
+
+
o
o
o
Adjustable premium permanent
o
+
+
+
+
+
Indeterminate premium permanent
o
+
+
+
+
+
Universal life flexible premium
o
+
+
+
+
+
Universal life fixed premium with dump-in premiums
						  allowed
o
+
+
+
+
+
+ - significant o-insignificant
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 23 - MOTOR VEHICLE INSURANCE LAW › Subchapter 1 - GENERAL PROVISIONS › Section 16-23-1 - Definitions

Current through June, 2024
Unless the context indicates otherwise, as used in this
				  chapter:
"Chapter
				  431", and reference to sections
				  therein, refer to the insurance code contained in the Hawaii Revised Statutes
				  (HRS).
"Commissioner" means the state commissioner of insurance as
				  defined in section
				  431:2-102,
				  HRS. Pending the appointment of a person to or during any vacancy in that
				  office, it refers to the state director of commerce and consumer
				  affairs.
"County" means the counties of Hawaii, Maui, and Kauai and
				  the City and County of Honolulu.
"Motor vehicle insurance law" refers to the motor vehicle
				  insurance law, chapter
				  431:10C, HRS, and sections
				  therein.
"Prepaid health care plan" means a health care plan approved
				  by the department of labor and industrial relations and meeting the
				  requirements of chapter
				  393 and the rules of the department
				  in effect on January 1, 1998, or thereafter.
"Provider" or "health care provider" means any person
				  providing medical or rehabilitative services to a claimant covered by a motor
				  vehicle insurance policy.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 23 - MOTOR VEHICLE INSURANCE LAW › Subchapter 3 - OPTIONAL ADDITIONAL INSURANCE › Section 16-23-11 - Required optional additional coverage

Current through June, 2024
(a) Each insurer
				shall offer to each policyholder or applicant for a motor vehicle insurance
				policy the optional coverage as well as the basic motor vehicle insurance
				coverage, with the applicable premiums therefor, as set forth in Exhibit 1
				entitled "Required Optional Additional Coverage," dated July 20, 1998, located
				at the end of this chapter, which is made a part of this section. Nothing in
				this subchapter shall limit the use of forms substantially similar to the
				exhibit.
(b) Every insurer shall
				fully disclose in writing to each policyholder upon the first renewal after
				January 1, 1998, or to the applicant, at the issuance or delivery of the
				policy, the availability of all required and optional coverages and
				deductibles.
(c) An applicant or
				policyholder shall in writing decline uninsured motorist coverage and
				underinsured motorist coverage.
(d)
				Increased limits for residual bodily injury coverage in the amount of $300,000
				per person with an aggregate limit of $300,000 per accident and for property
				damage coverage in the amount of $50,000 per occurrence shall be available to
				all motor vehicles required to be insured for those limits by contract or rule
				of the State of Hawaii or any political subdivision.
(e) Except as provided by section
				431:10C-302(a)
				(9) (D), HRS, the benefits of any optional
				additional coverages elected by the policyholder are applicable to all eligible
				insureds.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 23 - MOTOR VEHICLE INSURANCE LAW › Subchapter 3 - OPTIONAL ADDITIONAL INSURANCE › Section 16-23-11.1 - Naturopathic, acupuncture, and nonmedical remedial care and treatment

Current through June, 2024
(a) Subject to the exceptions allowed under
				section
				431:10C-302,
				HRS, an insurer shall make available optional coverage for naturopathic,
				acupuncture, and nonmedical remedial care and treatment rendered in accordance
				with the teachings, faith or belief of any group which relies upon spiritual
				means through prayer for healing. The coverage shall provide for appropriate
				and reasonable treatment and expenses necessarily incurred as a result of the
				accidental harm and shall provide an aggregate total among and between the
				types of providers of thirty visits at no more than $75 per visit.
(b) An insurer may make available additional
				coverages for services provided under subsection (a). These coverages shall be
				for additional blocks of thirty visits at no more than $75 a visit.
(c) An insurer may make available at
				appropriately reduced premium rates, and provide at the option of the named
				insured, deductible, coinsurance or copayment arrangements for this coverage.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 23 - MOTOR VEHICLE INSURANCE LAW › Subchapter 3 - OPTIONAL ADDITIONAL INSURANCE › Section 16-23-12 - Other optional coverages

Current through June, 2024
An insurer may offer other optional terms, conditions,
				  exclusions, deductible clauses, coverages, and benefits displayed in Exhibit 2
				  or upon approval by the commissioner. The commissioner shall not approve the
				  same unless they are consistent with the provisions required of a motor vehicle
				  insurance policy, are fair and equitable, and limit the variety of coverage
				  available so as to give buyers of insurance reasonable opportunity to compare
				  the cost of insuring with various insurers.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 23 - MOTOR VEHICLE INSURANCE LAW › Subchapter 4 - REJECTION, CANCELLATION, NON-RENEWAL › Section 16-23-13 - Application for motor vehicle insurance policy, rejection of application, JUP placement

Current through June, 2024
An insurer and its producer shall within fifteen working
				  days of a request for an appointment provide the applicant an application and
				  rate quote for a motor vehicle insurance policy. Failure to service an
				  applicant within the fifteen working day period shall be deemed a rejection.
				  Upon rejection of an application for motor vehicle insurance policy or optional
				  additional insurance by the affirmative act of the insurer or by a failure to
				  service the applicant within fifteen working days, an insurer and its producer
				  shall meet with the applicant within ten working days of the rejection and
				  offer to place the requested insurance coverage with the joint underwriting
				  plan.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 23 - MOTOR VEHICLE INSURANCE LAW › Subchapter 4 - REJECTION, CANCELLATION, NON-RENEWAL › Section 16-23-16 - Review of failure to offer JUP placement, cancellation, or refusal to renew

Current through June, 2024
A person who is not offered a JUP placement after that
				  person's application is rejected, or believes that the person's motor vehicle
				  insurance policy has been canceled or refused renewal without legal
				  justification may file an appeal with the commissioner within ten days after
				  the person has been rejected or received notice of cancellation or refusal to
				  renew. The grievance shall be heard and determined in accordance with chapter
				  91, HRS, and chapter 16-201.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 23 - MOTOR VEHICLE INSURANCE LAW › Subchapter 5 - LICENSING OF INSURERS › Section 16-23-19 - Licensing of health insurers

Current through June, 2024
An insurer may be licensed by the commissioner to provide
				  those personal injury protection benefits described in section
				  431:10C-103.5,
				  HRS, or to provide optional major medical coverages in excess of personal
				  injury protection benefits coverages, or both, if the commissioner finds that
				  the insurer meets the requirements of section
				  431:10C-119,
				  HRS. In addition, before licensing an insurer to provide the personal injury
				  protection benefits, the commissioner must be satisfied that the insurer has
				  made adequate provision to assure that any person obtaining personal injury
				  protection benefits will simultaneously be obtaining the other coverages
				  required under a motor vehicle insurance policy and will be provided adequate
				  claims processing and payment services.
An insurer licensed hereunder to provide personal injury
				  protection benefits shall also provide those optional major medical coverages
				  which motor vehicle insurers are required to provide under section
				  431:10C-302,
				  HRS.
A person licensed hereunder to provide personal injury
				  protection benefits or optional major medical coverages shall comply with those
				  provisions in chapter
				  431:10C, HRS, relating to insurers,
				  such as, but not limited to, those relating to setting of rates and submission
				  of information and reports to the commissioner.
An insurer licensed hereunder shall be assessed its
				  equitable proration of costs and claims paid under the joint underwriting plan
				  (JUP) and the assigned claims program.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 23 - MOTOR VEHICLE INSURANCE LAW › Subchapter 6 - REQUIREMENTS FOR SELF-INSURANCE › Section 16-23-21 - Agreement

Current through June, 2024
The applicant for a self-insurer shall execute and file with
				  the commissioner an agreement in a form prescribed by the commissioner, that if
				  certified as a self-insurer the applicant will:
(1) In accordance with and to the extent
				prescribed in the motor vehicle insurance law as amended from time to time:
(A) In case of injury, arising out of a motor
				vehicle accident, to a person, including, but not limited to, an operator,
				occupant, or user of the self-insured motor vehicle or any pedestrian who
				sustains an injury as a result of the operation, maintenance, or use of the
				vehicle, pay without regard to fault to the health care provider of
				medical-rehabilitative services an amount equal to the personal injury
				protection benefits then payable as a result of the injury; and
(B) Pay on behalf of the applicant or any
				operator of the insured motor vehicle using the motor vehicle with the express
				or implied permission of the named insured, sums which the applicant or the
				operator may legally be obligated to pay for injury or death or damage to
				property of others which arise out of the ownership, operation, maintenance,
				use, loading or unloading of the self-insured motor vehicle;
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 23 - MOTOR VEHICLE INSURANCE LAW › Subchapter 6 - REQUIREMENTS FOR SELF-INSURANCE › Section 16-23-23 - Amount of cash, securities, or bond

Current through June, 2024
The commissioner shall consider the number of vehicles
				  involved, the exposure, the financial condition of the applicant, and other
				  factors appropriate to determining adequacy of security in fixing the amount of
				  the bond or the amount of cash or securities.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 23 - MOTOR VEHICLE INSURANCE LAW › Subchapter 6 - REQUIREMENTS FOR SELF-INSURANCE › Section 16-23-25 - Supplemental bond or excess liability insurance requirement

Current through June, 2024
The commissioner may require any self-insurer to provide a
				  bond or additional bond, cash, and securities or additional securities in a
				  reasonable amount whenever the commissioner finds that the same is necessary or
				  appropriate. The commissioner may also require the self-insurer to provide
				  evidence of excess liability insurance (in excess of the self-insured
				  retention) in a licensed insurer in an amount the commissioner finds
				  appropriate in light of such factors as the exposure, the number of vehicles
				  involved, and the financial condition of the self-insurer.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 23 - MOTOR VEHICLE INSURANCE LAW › Subchapter 6 - REQUIREMENTS FOR SELF-INSURANCE › Section 16-23-26 - Service of process

Current through June, 2024
A self-insurer shall appoint an agent, who is a natural
				  person, domiciled in the State of Hawaii to accept service of process and legal
				  documents provided that in the event of a conflict between this chapter and any
				  other statute or rule of civil procedure, the statute or rule of civil
				  procedure shall prevail.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 23 - MOTOR VEHICLE INSURANCE LAW › Subchapter 8 - DRIVER EDUCATION FUND › Section 16-23-56 - Payment and expenditure

Current through June, 2024
There is assessed and levied upon each insurer and
				  self-insurer a drivers' education fund underwriters' fee on each motor vehicle
				  insured by each insurer or self-insurer. This fee is set by statute and is due
				  and payable on an annual basis from July 1, 1998 by means and at a time to be
				  determined by the commissioner. Motor vehicles insured under the joint
				  underwriting plan shall be excluded from the drivers' education fund
				  assessment. The commissioner shall deposit the fees into a special drivers'
				  education fund account to be expended for the operation of the drivers'
				  education program provided for in section
				  286-128,
				  HRS, and the drivers' education program administered by the department of
				  education.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 23 - MOTOR VEHICLE INSURANCE LAW › Subchapter 9 - MISCELLANEOUS PROVISIONS › Section 16-23-57 - Administrative hearing on denial of claim

Current through June, 2024
If an insurer or self-insurer denies a claim for personal
				  injury protection in whole or in part, it shall mail to the claimant in
				  triplicate a notice of the denial as required by section
				  431:10C-304(3)(B),
				  HRS. In the case of benefits for services specified in section
				  431:10C-103.5,
				  HRS, the insurer or self-insurer shall also mail a copy of the denial to the
				  health care provider or alternative health care provider.
If the claimant or health care provider desires a review of
				  any action on the claim for benefits, the claimant or health care provider
				  shall file with the commissioner two copies of the notice of denial of the
				  claim, a request for review and a statement in duplicate giving specific
				  reasons for the request within sixty days after the date of denial of the
				  claim.
The commissioner shall forthwith notify the insurer or
				  self-insurer of the request for review, enclosing a copy of the claimant's or
				  health care provider's statement of reasons therefor.
The review hearing shall be held or conducted in the county
				  in which the claimant or health care provider resides; provided, that the
				  commissioner, upon a showing of good cause, may hold the hearing in another
				  county. The hearing may be held by telephone with the consent of the parties.
				  The commissioner may appoint an impartial referee to hear the matter.
The review shall be heard and determined in accordance with
				  the provisions of chapter
				  91, HRS, and chapter 16-201. The
				  commissioner shall assess the cost of the hearing upon either or both of the
				  parties.
Nothing in this section precludes determination of any
				  dispute relating to a motor vehicle insurance policy by arbitration and
				  judicial review pursuant to chapter
				  431:10C, HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 23 - MOTOR VEHICLE INSURANCE LAW › Subchapter 9 - MISCELLANEOUS PROVISIONS › Section 16-23-58 - Notice of claim

Current through June, 2024
Written notice of claim under a motor vehicle insurance
				  policy and any optional coverage shall be given to the insurer within a
				  reasonable time after the date of the accident on which the claim is based or
				  when the claimant first became aware of the ailment or disability resulting
				  from the accident, subject to the statute of limitations,
				  431:10C-315,
				  HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 23 - MOTOR VEHICLE INSURANCE LAW › Subchapter 9 - MISCELLANEOUS PROVISIONS › Section 16-23-60 - Motor vehicle insurance policy endorsements

Current through June, 2024
Any policy issued or renewed on or after January 1, 1998,
				  shall provide the coverage required of a motor vehicle insurance policy in
				  accordance with chapter
				  431, HRS, and administrative rules as
				  amended from time to time. The endorsement as drafted by the insurer shall be
				  subject to approval by the commissioner. The commissioner may require a
				  certification from the insurer that, to the best of the certifier's knowledge
				  and belief, such form meets the requirements of all applicable Hawaii laws and
				  rules.
Subject to section
				  431:10C-308.5,
				  HRS, the endorsement may provide that a person eligible for personal injury
				  protection benefits shall submit to medical or related examination by health
				  care providers as often as, the insurer may reasonably require. A person
				  eligible for personal injury protection benefits may be required to submit, at
				  the insurer's expense, to a medical or related examination in a county other
				  than the county in which the subject person resides.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 23 - MOTOR VEHICLE INSURANCE LAW › Subchapter 12 - STATISTICAL AND REPORTING REQUIREMENTS › Section 16-23-64 - Revision of current statistical plans

Current through June, 2024
Statistical plans currently utilized for the collection and
				  compilation of experience under motor vehicle insurance policies shall be
				  revised and refiled to meet the following additional requirements of this
				  section:
(1) Compilations made by
				statistical agents shall be filed with the commissioner within ninety days of
				the evaluation date of the data contained therein. Accident year experience
				shall be evaluated as of March 31, and the statistical agent's compilation
				filed on or before June 30 of each year. In the event that an individual
				company does not provide proper input data to its designated statistical agent
				on a timely basis, the statistical agent shall nevertheless file the
				compilation of such data as has been properly filed on or before June 30
				together with a detailed explanation of the incomplete data and the steps being
				taken to remedy the incompleteness. Every thirty days thereafter, the
				statistical agent shall file an updated compilation together with a deficiency
				report, until a complete compilation has been filed;
(2) Statistical agents shall make available
				to the commissioner, at request, compilations for any or all individual
				companies reporting to them;
(3)
				Coverage codes shall provide for separate identification of each mandatory
				option, as specified in section
				16-23-11;
(4) Type of loss codes shall provide for
				separate identification of each mandatory option as specified in section
				16-23-11;
(5) Provision shall be made to separately
				identify benefits paid for chiropractic and acupuncture treatments under
				personal injury protection benefits;
(6) The definition of excess loss shall be
				amended to include provision for claims where the amount of personal injury
				protection benefits incurred equals or exceeds $10,000, less any applicable
				offset or deductible;
(7)
				Experience under each of the various deductibles, co-payments and managed care
				options for personal injury protection benefits shall be separately coded and
				compiled;
(8) Provision shall be
				made to separately identify the amount of covered loss deductible offsets to
				bodily injury liability coverage losses; and
(9) Experience under each of the various
				deductibles and optional additional coverage for physical damage shall be
				separately coded and compiled.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 23 - MOTOR VEHICLE INSURANCE LAW › Subchapter 12 - STATISTICAL AND REPORTING REQUIREMENTS › Section 16-23-65 - Quarterly report

Current through June, 2024
(a) Each insurer
				shall maintain a quarterly report covering the matters described in this
				section. Groups of companies shall also maintain quarterly reports on a
				combined basis. Each insurer and group of companies shall make available and
				submit quarterly reports to the commissioner at the commissioner's
				request.
(b) A census of vehicles
				insured as of the end of each calendar quarter shall be maintained. Within
				forty-five days of the end of the fourth quarter, the fourth quarter census
				shall be filed with the commissioner. The census of the vehicles insured shall
				indicate the following characteristics:
(1)
				Territory;
(2) Private passenger
				non-fleet, motorcycle, or commercial;
(3) Number in paragraph (2) with optional
				additional coverage for:
(A) Limits of
				personal injury protection benefits;
(B) Limits of bodily injury liability
				benefits;
(C) Alternative providers
				benefits;
(D) Wage loss
				benefits;
(E) Death
				benefits;
(F) Funeral
				benefits;
(G) Comprehensive, fire,
				and theft; and
(H)
				Collision.
(4) Number in
				paragraph (2) with personal injury protection benefits subject to:
(A) Deductibles;
(B) Co-payments; or
(C) Managed care; and
(5) Number of insured vehicles charged a rate
				for basic coverage above the insurer's basic rate for the use classification,
				mileage, and territory of the vehicle.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 23 - MOTOR VEHICLE INSURANCE LAW › Subchapter 12 - STATISTICAL AND REPORTING REQUIREMENTS › Section 16-23-66 - Annual report

Current through June, 2024
By April 1 of each year, each insurer shall file an annual
				  report covering the business of the preceding year. The report shall contain a
				  summary of Hawaii motor vehicle insurance experience in a format prescribed by
				  the commissioner. The experience shall be reported for six major classes of
				  motor vehicle insurance:
(1) Private
				Passenger Personal Injury Protection;
(2) Private Passenger Liability;
(3) Private Passenger Physical
				Damage;
(4) Commercial Personal
				Injury Protection;
(5) Commercial
				Liability; and
(6) Commercial
				Physical Damage.
This report shall contain a detailed explanation of the
				  methods used to assign expenses and investment income to Hawaii motor vehicle
				  classifications, and those used to develop reserves for losses and loss
				  adjustment expenses. Groups of companies shall also file an annual report on a
				  combined basis.