Chapter 431 — Chapter 431

§431:14-107.2 Insurers and organizations, prohibited activity. (a) Except as permitted in this article, no insurer, rating organization, or advisory organization shall: (b) Except as permitted in this article, no insurer shall agree with any other insurer or with a rating organiz…

§431:14-107.3 Rating or advisory organizations, prohibited activity. Except as specifically permitted under this article or any rule adopted thereunder, no rating or advisory organization shall compile or distribute recommendations relating to rates that include expenses (other t…

§431:14-108 Deviations. (a) Except for those lines of insurance for which the commissioner determines individual rate filings shall be made, every member of or subscriber to a rating organization shall adhere to the filings the organization made on its behalf; provided that any i…

§431:14-109 Appeal by minority. Any member of or subscriber to a rating organization may appeal to the commissioner from the action or decision of the rating organization in approving or rejecting any proposed change in or addition to the filings of the rating organization. The c…

§431:14-110 Information to be furnished insureds; hearings and appeals of insureds. (a) Every rating organization and every insurer which makes its own rates shall, within a reasonable time after receiving written request therefor and upon payment of such reasonable charges as it…

§431:14-111 Advisory organizations. (a) Every group, association or other organization of insurers, whether located within or outside this State, which assists insurers which make their own filings or rating organizations in ratemaking, by the collection and furnishing of loss or…

§431:14-112 Joint underwriting or joint reinsurance. (a) Every group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance, shall be subject to regulation as provided below, subject: (b) If, after a hearing, the commissioner find…

§431:14-113 Examination. (a) The commissioner may, as often as the commissioner may deem it expedient, make or cause to be made an examination of each rating organization referred to in section 431:14-107, each advisory organization referred to in section 431:14-111 and of each g…

§431:14-114 Rate administration. (a) The commissioner may promulgate reasonable rules and statistical plans, which may be modified from time to time, and which shall be used by each insurer in the recording and reporting of its loss and country-wide expense experience, in order t…

§431:14-115 False or misleading information. No person or organization shall wilfully withhold information from or knowingly give false or misleading information to the commissioner, any statistical agency designated by the commissioner, any rating organization, or any insurer, w…

§431:14-117 Penalties. (a) The commissioner, if the commissioner finds any person or organization has violated any provision of this article, may impose a penalty of not more than $500 for each violation, but if the commissioner finds the violation to be wilful the commissioner m…

§431:14-118 Hearing procedure and judicial review. (a) Any insurer or rating organization aggrieved by any order or decision of the commissioner made without a hearing, may, within thirty days after notice of the order to the insurer or organization, make written request to the c…

§431:14-119 REPEALED. L 1997, c 81, §3.

§431:14-120 Additional powers for workers' compensation rate filing and ratemaking. (a) The commissioner shall review filings as soon as reasonably possible after they have been made to determine whether they meet the requirements of this article. (b) Except as provided herein, e…

ARTICLE 14A HAWAII EMPLOYERS' MUTUAL INSURANCE COMPANY §431:14A-101 Purpose. The Hawaii employers' mutual insurance company is established to provide workers' compensation coverage to employers of the State at the highest level of service with the lowest possible cost, consistent…

§431:14A-102 Definitions. As used in this article: "Administrator" means the chief executive officer of the Hawaii employers' mutual insurance company. "Board" means the board of directors of the Hawaii employers' mutual insurance company. "Company" means the Hawaii employers' mu…

§431:14A-103 Hawaii employers' mutual insurance company, established. (a) The Hawaii employers' mutual insurance company is established as an independent corporation to provide workers' compensation insurance and related services to Hawaii employers. The company may be reorganize…

§431:14A-104 Company divisions. (a) For purposes of providing representation on the board, the company shall consist of industry divisions and a high risk division. Assignments to each division shall be made by the administrator with the approval of the board. The initial company…

§431:14A-105 Board of directors, established. (a) The board of directors of the company shall be responsible for the organization, management, policies, and activities of the company. The board shall consist of nine voting members and one nonvoting member. The voting members shal…

§431:14A-107 Duties and responsibilities. (a) All corporate powers shall be exercised by or under the authority of the board, unless otherwise provided in this chapter or in the articles of incorporation. (b) The board shall discharge its duties: (c) Except as otherwise provided …

§431:14A-108 Administrator; appointment; duties. (a) The board shall hire an administrator who shall serve at the pleasure of the board. The administrator shall be the chief executive officer and shall be responsible for the day-to-day operations and management of the company. (b…

§431:14A-117 Workplace safety and health programs. (a) The company shall work with policyholders, health care providers, and employees to develop, implement, and monitor workplace safety and health and return to work programs. The programs shall include the development of a workp…

ARTICLE 14F HEALTH INSURANCE RATE REGULATION--REPEALED §§431:14F-101 to 431:14F-113 REPEALED. L 2002, c 74, §6.

§431:14G-105 Rate filings. (a) Every managed care plan shall file with the commissioner every rate, charge, classification, schedule, practice, or rule and every modification of any of the foregoing that it proposes to use. Every filing shall: (b) Each filing shall be submitted t…

ARTICLE 15 INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION PART I. GENERAL PROVISIONS §431:15-101 Construction and purpose. (a) This article shall be cited as the Insurers Supervision, Rehabilitation and Liquidation Act. (b) This article shall not be interpreted to limit the…

§431:15-102 Persons covered. The proceedings authorized by this article may be applied to:

§431:15-103 Definitions. (a) For the purposes of this article: "Ancillary state" means any state other than a domiciliary state. "Creditor" means a person having any claim, whether matured or unmatured, liquidated or unliquidated, secured or unsecured, absolute, fixed, or conting…

§431:15-104 Jurisdiction and venue. (a) Except as provided in subsection (b), no delinquency proceeding may be commenced under this article by anyone other than the commissioner of this State. (c) No court of this State has jurisdiction to entertain, hear or determine any complai…

§431:15-105 Injunctions and orders. (a) Any receiver appointed in a proceeding under this article may, at any time apply for and the circuit court of the first circuit may grant, under the relevant provisions of the Hawaii Rules of Civil Procedure, any injunctions, any restrainin…

§431:15-106 Cooperation of officers and employees. (a) Any officer, manager, director, trustee, owner, employee, or agent of any insurer, or any other persons with authority over or in charge of any segment of the insurer's affairs, shall cooperate with the commissioner or the re…

§431:15-107 Commissioner's reports. The commissioner shall make and file annual reports and any other required reports for the companies proceeded against under this article in the manner and form and within the time required by law of insurers authorized to do business in this S…

§431:15-108 Continuation of delinquency proceedings. This article applies to proceedings commenced after July 1, 1988. [L 1987, c 347, pt of §2]

PART II. SUMMARY PROCEEDINGS AND SUPERVISORY PROCEEDINGS §431:15-201 Commissioner's summary orders and supervision proceedings. (a) If, upon examination or at any other time, the commissioner finds that any domestic insurer requires supervision because it is in a condition that w…

§431:15-202 Court's seizure order. (a) The commissioner may file in the circuit court of the first judicial circuit of this State a petition alleging, with respect to a domestic insurer: (b) Upon a filing under subsection (a), the court may issue forthwith, ex parte and without a…

§431:15-203 Confidentiality of hearings. In all proceedings and judicial reviews thereof under section 431:15-201 and section 431:15-202, all records of the insurer, other documents, and all files, court records, and papers of the insurance division of the department of commerce …

PART III. FORMAL PROCEEDINGS §431:15-301 Grounds for rehabilitation. (a) The commissioner may apply by petition to the circuit court of the first judicial circuit for an order authorizing the commissioner to rehabilitate a domestic insurer or an alien insurer domiciled in this St…

§431:15-302 Rehabilitation orders. (a) An order to rehabilitate the business of a domestic insurer, or an alien insurer domiciled in this State, shall appoint the commissioner and the commissioner's successors in office the rehabilitator, and shall direct the rehabilitator forthw…

§431:15-303 Powers and duties of the rehabilitator. (a) The commissioner as rehabilitator may appoint one or more special deputies, who shall have all the powers and responsibilities of the rehabilitator granted under this section, and the commissioner may employ such counsel, cl…

§431:15-304 Actions by and against rehabilitator. (a) Any court in this State before which any action or proceeding in which the insurer is a party or is obligated to defend a party is pending when a rehabilitation order against the insurer is entered, shall stay the action or pr…

§431:15-305 Termination of rehabilitation. (a) Whenever the commissioner believes further attempts to rehabilitate an insurer would substantially increase the risk of loss to creditors, policyholders or the public, or would be futile, the commissioner may petition the circuit cou…

§431:15-306 Grounds for liquidation. The commissioner may petition the circuit court of the first judicial circuit for an order directing the commissioner to liquidate a domestic insurer or an alien insurer domiciled in this State on any ground on which the commissioner may apply…

§431:15-307 Liquidation orders. (a) An order to liquidate the business of a domestic insurer shall appoint the commissioner and the commissioner's successors in office liquidator, and shall direct the liquidator forthwith to take possession of the assets of the insurer and to adm…

§431:15-308 Continuance of coverage. (a) All policies, other than life or accident and health or sickness insurance or annuities, in effect at the time of issuance of an order of liquidation shall continue in force only for the lesser of: (b) An order of liquidation under section…

§431:15-309 Dissolution of insurer. The commissioner may petition for an order dissolving the corporate existence of a domestic insurer or the United States branch of an alien insurer domiciled in this State at the time the commissioner applies for a liquidation order. The court …

§431:15-310 Powers of liquidator. (a) The liquidator shall have the power to: (b) The enumeration, in this section, of the powers and authority of the liquidator shall not be construed as a limitation upon the liquidator, nor shall it exclude in any manner the liquidator's right …

§431:15-311 Notice to creditors and others. (a) Unless the court otherwise directs, the liquidator shall give or cause to be given notice of the liquidation order as soon as possible by: (b) Notice to potential claimants under subsection (a) shall require claimants to file with t…

§431:15-313 Actions by and against liquidator. (a) Upon issuance of an order appointing a liquidator of a domestic insurer or of an alien insurer domiciled in this State, no action at law or equity shall be brought against the insurer or liquidator, whether in this State or elsew…

§431:15-314 Collection and list of assets. (a) As soon as practicable after the liquidation order, but not later than one hundred twenty days thereafter, the liquidator shall prepare in duplicate a list of the insurer's assets. The list shall be amended or supplemented from time …

§431:15-315 Fraudulent transfers prior to petition. (a) Every transfer made or suffered and every obligation incurred by an insurer within one year prior to the filing of a successful petition for rehabilitation or liquidation under this article is fraudulent as to then existing …

§431:15-316 Fraudulent transfer after petition. (a) After a petition for rehabilitation or liquidation has been filed, a transfer of any of the real property of the insurer made to a person acting in good faith shall be valid against the receiver if made for a present fair equiva…