HAR 16-23 — MOTOR VEHICLE INSURANCE LAW (Subchapter 1 to 18)

Notes Haw. Code R. § 16-23-36 R 9/1/80

Notes Haw. Code R. § 16-23-37 R 9/1/80

Notes Haw. Code R. § 16-23-38 R 9/1/80

Notes Haw. Code R. § 16-23-39 R 9/1/80

Notes Haw. Code R. § 16-23-11.4 R 1/8/99

Notes Haw. Code R. § 16-23-40 R 9/1/80

Notes Haw. Code R. § 16-23-41 R 9/1/80

Notes Haw. Code R. § 16-23-42 R 9/1/80

Notes Haw. Code R. § 16-23-43 R 9/1/80

Notes Haw. Code R. § 16-23-44 R 9/1/80

Notes Haw. Code R. § 16-23-45 R 9/1/80

Notes Haw. Code R. § 16-23-46 R 9/1/80

Notes Haw. Code R. § 16-23-47 R 9/1/80

Notes Haw. Code R. § 16-23-48 R 9/1/80

Notes Haw. Code R. § 16-23-49 R 9/1/80

Notes Haw. Code R. § 16-23-117.5 R 11/11/12

Notes Haw. Code R. § 16-23-50 R 9/1/80

Notes Haw. Code R. § 16-23-51 R 9/1/80

Notes Haw. Code R. § 16-23-52 R 9/1/80

Notes Haw. Code R. § 16-23-53 R 9/1/80

Notes Haw. Code R. § 16-23-54 R 9/1/80

Notes Haw. Code R. § 16-23-55 R 9/1/80

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…

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…

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 resultin…

Notes Haw. Code R. § 16-23-59 R 11/11/12

Notes Haw. Code R. § 16-23-6 R 11/11/12

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…

Notes Haw. Code R. § 16-23-61 R 9/1/85

Notes Haw. Code R. § 16-23-62 R 9/1/85

Notes Haw. Code R. § 16-23-63 R 9/1/86

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…

(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 commissio…

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 majo…

(a) The joint underwriting plan (JUP) is intended to provide motor vehicle insurance and optional additional insurance in a convenient and expeditious manner for those persons, uses, or motor vehicles in certain "high risk" categories with respect to which insurance cannot reason…

(a) Each insurer shall be a member of the JUP. As a condition of licensure it shall: (1) Maintain its membership at a minimum fee of $1,000 per year or part thereof; and (2) Accept appointment as a servicing carrier if the commissioner finds it necessary in the public interest an…

Notes Haw. Code R. § 16-23-69 R 1/8/99

Notes Haw. Code R. § 16-23-7 R 11/11/12

All costs incurred in the operation of the joint underwriting plan bureau and the operation of the plan, such as administrative, staff, and claims (other than assigned claims) paid, shall be allocated fairly and equitably among the JUP members. The allocations shall be computed o…

The commissioner shall select certain insurers as servicing carriers, who will provide JUP coverage and perform direct insurance operations on behalf of JUP members. In making the selection, the commissioner shall consider: (1) Whether the carrier is able to process and maintain …

(a) In addition to the classifications established in section 431:10C-407, HRS, the JUP shall provide motor vehicle insurance policies for the following classes of persons, motor vehicles, and uses: (1) Motor vehicles owned by licensed drivers, defined as follows: (A) The applica…

(a) The state department of human services (DHS) shall provide a certificate of eligibility for JUP coverage to eligible licensed drivers and unlicensed permanently disabled individuals unable to operate their motor vehicle, who are receiving public assistance benefits from the d…

A person may apply for coverage under the JUP to any motor vehicle insurance producer who shall inform the applicant whether or not the applicant is eligible for JUP coverage. Any eligible certified public assistance insured (CPAI) shall apply for motor vehicle insurance coverage…

If an insurer denies an applicant JUP coverage under section 16-23-72(a)(1) or (a)(2) or section 431:10C-407, HRS, the insurer, by the next working day, shall mail or deliver to the applicant in triplicate a notice of the denial, of the applicant's right to appeal, and of the app…

If the commissioner determines that the method of assignment of JUP applicants described herein is not operating in an effective and fair manner, the commissioner may have the JUP bureau directly receive, assign, and supervise the servicing of all applications for JUP coverage. N…

A servicing carrier shall: (1) Accomplish confirmation of rating criteria, such as an applicant's or policyholder's driving record; (2) Issue insurance policies and endorsements, and certify the eligibility certificates within fifteen working days after receipt of an application …

Servicing carriers shall be reimbursed for their servicing expenses on the basis of: (1) Non-CPAI: (A) Ten per cent of written premium for operating costs, excluding claims expense, plus; (B) Twelve per cent of earned premium for the reporting period for loss adjustment expenses,…

A servicing carrier shall pay a producer for business written pursuant to the JUP a commission at the following rate: (1) For private passenger non-fleet motor vehicle insurance, a commission of eight per cent of the written premium up to a maximum amount of $75 per vehicle for a…

Notes Haw. Code R. § 16-23-8 R 11/11/12

The commissioner shall establish rating rules, refinement of classifications, rates, rating plans, territories, and policy forms for use under the JUP after consultation with the JUP board of governors and in accordance with the requirements and standards prescribed in sections 4…