Chapter 431 — Chapter 431

§431:10B-114 Penalties. In addition to any other penalty provided by law, any person, firm or corporation which violates an order of the commissioner after it has become final, and while the order is in effect, shall, upon proof thereof to the satisfaction of the court, forfeit a…

ARTICLE 10C MOTOR VEHICLE INSURANCE PART I. GENERAL PROVISIONS §431:10C-101 Short title. This article shall be known and may be cited as the Hawaii motor vehicle insurance law. [L 1987, c 347, pt of §2]

§431:10C-102 Purpose. (a) The purpose of this article is to: (b) To effectuate this system of motor vehicle insurance and to encourage participation by all drivers in the motor vehicle insurance system:

§431:10C-103 Definitions. As used in this article: "Accidental harm" means bodily injury, death, sickness, or disease caused by a motor vehicle accident to a person. "Alternative care provider" means any person providing medical or rehabilitative services in section 431:10C-302(a…

§431:10C-103.5 Personal injury protection benefits; defined; limits. (a) Personal injury protection benefits, with respect to any accidental harm, means all appropriate and reasonable treatment and expenses necessarily incurred as a result of the accidental harm and which are sub…

§431:10C-103.6 Personal injury protection benefits tied to prepaid health care plan for description of coverage only. (a) The benefits provided under section 431:10C-103.5 shall be substantially comparable to the requirements for prepaid health care plans, as provided in chapter …

§431:10C-104 Conditions of operation and registration of motor vehicles. (a) Except as provided in section 431:10C-105, no person shall operate or use a motor vehicle upon any public street, road, or highway of this State at any time unless such motor vehicle is insured at all ti…

§431:10C-104.5 REPEALED. L 2001, c 55, §31.

§431:10C-105 Self-insurance. (a) The motor vehicle insurance required by section 431:10C-104 may be satisfied by any owner of a motor vehicle if: (b) A person desiring to qualify as a self-insurer shall apply to the commissioner on a form or in a format approved by the commission…

§431:10C-106 Specialty insurers not prohibited. Nothing in this article shall prevent an insurer from offering motor vehicle insurance policies for only U-drive motor vehicles. [L 1987, c 347, pt of §2; am L 1989, c 208, §2; am L 1997, c 251, §17]

§431:10C-107 Verification of insurance: motor vehicles. (a) Every insurer shall issue to its insureds a paper or electronic motor vehicle insurance identification card for each motor vehicle for which the basic motor vehicle insurance coverage is written. The electronic motor veh…

§431:10C-108 Unlawful use of motor vehicle insurance identification card. It shall be a violation of this article:

§431:10C-109 Motor vehicle insurance identification card after cancellation of policy; return to insurer, civil sanctions. (a) When a motor vehicle insurance policy is canceled before the end of the policy period, the insured shall within thirty days after being notified of the c…

§431:10C-110 Rejection of application, joint underwriting plan placement. A producer, including a branch office of a foreign or alien insurer, upon rejection of an application for a motor vehicle insurance policy or optional additional insurance, shall immediately offer, subject …

§431:10C-111 Cancellation and nonrenewal of policies: when prohibited, when permitted. (a) An insurer may not cancel or refuse to renew a motor vehicle insurance policy, including optional additional insurance under the requirements of section 431:10C-302, once issued except when…

§431:10C-111.5 Limit on nonrenewals and conditional renewals. (a) The total number (rounded to the nearest whole number) of notices of intention not to renew a motor vehicle insurance policy, and of notices of intention to condition renewal upon reduction of limits of any coverag…

§431:10C-112 Notice of cancellation or nonrenewal; effect on term of coverage. (a) In the case of cancellation or nonrenewal of a motor vehicle insurance policy by the insurer, the insurer shall mail a written notice of prospective cancellation or nonrenewal to the insured not fe…

§431:10C-113 Violation of rejection, cancellation and nonrenewal provisions. (a) Whoever knowingly violates, or conspires to violate, the provisions of section 431:10C-110 and section 431:10C-111 shall be assessed a civil penalty in an amount not to exceed $1,000 for each separat…

§431:10C-114 Insured's obligations upon termination of insurance. An owner of a motor vehicle registered in this State who fails to maintain insurance as required by section 431:10C-104 shall:

§431:10C-115.5 REPEALED. L 1999, c 163, §21.

§431:10C-116 Challenges to motor vehicle insurance law; intervention by attorney general. At the request of the commissioner, the attorney general shall intervene in any case before any appellate court in this State in which the constitutionality or validity of this article or an…

§431:10C-117 Penalties. (b) Any person, in the capacity of a licensed or unlicensed motor vehicle insurer, self-insurer, producer, or other representative, who violates any provision of this article shall be assessed a civil penalty not to exceed $5,000 for each violation. (c) An…

§431:10C-118 Fee in lieu of fine; defense. (a) Any person bringing an action in tort under this article who was uninsured at the time of the accident shall pay a fee of $1,000 in lieu of any fine which could have been levied as a criminal penalty for failing to obtain the motor v…

§431:10C-119 Insurer's requirements. (a) Prior to licensing an insurer to transact a motor vehicle insurance business in this State, the commissioner: (b) The commissioner, prior to issuing a certificate of self-insurance to any person, shall require the applicant to provide for …

§431:10C-120 Prohibitions, penalty. (a) No insurer shall issue or offer to issue any policy which the insurer represents is a motor vehicle insurance policy unless such insurer meets the requirements of this article. (b) Any insurer, any producer, or any representative of an insu…

§431:10C-121 Severability. (a) Except as provided in subsection (b), if any provision of this article or its application to any person or circumstance is held unconstitutional, the remainder of this article and the application of such provision to other persons or circumstances s…

PART II. RATES AND ADMINISTRATION §431:10C-201 Motor vehicle insurance rates generally. Except as expressly provided in this part, all premium rates for motor vehicle insurance shall comply with the provisions of the rating law contained in article 14. [L 1987, c 347, pt of §2]

§431:10C-202 Making of motor vehicle insurance rates. All premium rates for motor vehicle insurance shall be made in accordance with article 14 and the following provisions:

§431:10C-203 Rate filings. The commissioner may accept from an advisory organization basic standards, manuals of classification, territories, endorsements, forms, and other materials, not dealing with rates, for reference filings by insurers. [L 1987, c 347, pt of §2 as supersede…

§431:10C-204 REPEALED. L 1992, c 124, §13.

§431:10C-205 Rate review: request by aggrieved party. (a) Any person aggrieved by the application as to such person of any classification, rule, standard, rate, or rating plan made, followed, or adopted by an insurer may make written request to the commissioner to review such app…

§431:10C-206 REPEALED. L 1992, c 124, §14.

§431:10C-207 Discriminatory practices prohibited. No insurer shall base any standard or rating plan, in whole or in part, directly or indirectly, upon a person's race, creed, ethnic extraction, age, sex, length of driving experience, credit bureau rating, marital status, or physi…

§431:10C-208 Increase in premiums prohibited. No premium on any motor vehicle insurance policy shall be increased as a result of any accident if the insured is not at fault in the accident. An accident in which the insured was not at fault shall not be used in any way to affect a…

§431:10C-209 Rate administration. (a) Except as otherwise provided in this article, the commissioner shall implement and evaluate motor vehicle insurance rates in compliance with article 14. (b) The commissioner shall order insurers to rebate to policyholders any excessive profit…

§431:10C-209.5 REPEALED. L 2012, c 258, §6.

§431:10C-210 Publication of premium information. (a) Upon the commissioner's request, all motor vehicle insurers shall provide motor vehicle insurance premium information to the commissioner within thirty days of the request. (b) The commissioner shall publish annually, by electr…

§431:10C-211 Attorney's fees. (a) A person making a claim for personal injury protection benefits may be allowed an award of a reasonable sum for attorney's fees, and reasonable costs of suit in an action brought by or against an insurer who denies all or part of a claim for bene…

§431:10C-212 Administrative hearing on insurer's denial of claim. (a) If a claimant or provider of services objects to the denial of benefits by an insurer or self-insurer pursuant to section 431:10C-304(3)(B) and desires an administrative hearing thereupon, the claimant or provi…

§431:10C-213 Arbitration. (a) A claimant, insurer, or provider of services may submit any dispute relating to a motor vehicle insurance policy to an arbitrator by filing a written request with the clerk of the circuit court in the circuit where the accident occurred. (b) The admi…

§431:10C-214 Administration. In order to carry out the provisions and fulfill the purpose of this article, the commissioner shall:

§431:10C-215 Inspection and audit. (a) In addition to the right and duty of examination under article 2, the commissioner shall have the right and the duty of visitation, inspection and audit of all business records, including internal memoranda, audits and correspondence related…

§431:10C-216 Annual review. The commissioner shall periodically review and evaluate the motor vehicle insurance program described in this article, including an annual review of the premium rates, benefit payments and insurers' loss experience. [L 1987, c 347, pt of §2]

PART III. COVERAGES AND RIGHTS §431:10C-301 Required motor vehicle policy coverage. (a) An insurance policy covering a motor vehicle shall provide: (b) A motor vehicle insurance policy shall include: (c) The stacking or aggregating of uninsured motorist coverage or underinsured m…

§431:10C-301.5 Covered loss deductible. Whenever a person effects a recovery for bodily injury, whether by suit, arbitration, or settlement, and it is determined that the person is entitled to recover damages, the judgment, settlement, or award shall be reduced by $5,000 or the a…

§431:10C-302 Required optional additional insurance. (a) In addition to the motor vehicle insurance coverages described in section 431:10C-301, every insurer issuing a motor vehicle insurance policy shall make available to the insured the following optional insurance under the fo…

§431:10C-303 Right to personal injury protection benefits. (a) If the accident causing accidental harm occurs in this State, every person insured under this article, and such person's survivors, suffering loss from accidental harm arising out of the operation, maintenance, or use…

§431:10C-304 Obligation to pay personal injury protection benefits. For purposes of this section, the term "personal injury protection insurer" includes personal injury protection self-insurers. Every personal injury protection insurer shall provide personal injury protection ben…

§431:10C-305 Source of payment. (d) The following persons are not eligible to receive payment of personal injury protection benefits: This subsection shall not preclude recovery in other capacities under a motor vehicle insurance policy covering a vehicle which the person did not…

§431:10C-306 Abolition of tort liability. (a) Except as provided in subsection (b), this article abolishes tort liability of the following persons with respect to accidental harm arising from motor vehicle accidents occurring in this State: (b) Tort liability is not abolished as …