Title 24, Insurance

PART II. POWERS AND DUTIES OF COMMISSIONER §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'…

[§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:

[§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 co…

§431:2-201.5 Conformity to federal law. (a) The provisions of title 42 United States Code section 300gg, et seq., as they relate to group and individual health insurance shall apply to title 24, except: (b) The following definitions shall be used when applying title 42 United Sta…

[§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…

§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 shal…

§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…

§431:2-203 Enforcement. (a) The commissioner may prosecute an action in any court of competent jurisdiction to enforce any order or fine made by the commissioner pursuant to any provision of this code. (c) If any licensee doing business in this State, persistently or substantiall…

§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…

§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 Sta…

§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…

§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…

§431:2-208 Access to records. (a) Every person and its officers, employees, and representatives subject to investigation or examination by the commissioner, shall produce and make freely accessible to the commissioner the accounts, records, documents, and files in the person's po…

§431:2-209 Records and reports. (a) The commissioner shall preserve in permanent form records and reports of the commissioner's proceedings, hearings, investigations, and examinations, and shall file the records in the commissioner's office. (b) The records of the commissioner an…

§431:2-210 Copies and certificates as evidence. (a) Copies of records or documents in the commissioner's office certified to by the commissioner shall be received as evidence in all courts in the same manner and to the same effect as if they were the originals. (b) When required …

§431:2-211 Annual report. The commissioner, as early each year as accurate preparation enables, shall prepare and submit to the legislature a report which shall contain:

§431:2-212 Interstate cooperation. (a) The commissioner shall to the extent the commissioner deems useful for the proper discharge of the commissioner's responsibilities under this code: (b) All arrangements made jointly with any one or more of the other states under subsection (…

§431:2-214 The commissioner's education and training fund. (a) The commissioner may establish a separate fund designated as the commissioner's education and training fund. (b) This fund may be used to compensate or reimburse staff and personnel of the insurance division for educa…

§431:2-215 Deposits to compliance resolution fund. (a) All assessments, fees, fines, penalties, and reimbursements collected by or on behalf of the insurance division under title 24, except for the commissioner's education and training fund (section 431:2-214), the patients' comp…

§431:2-216 Assessments of health insurers. (a) Each mutual benefit society under article 1 of chapter 432, health maintenance organization under chapter 432D, and any other entity offering or providing health benefits or services under the regulation of the commissioner, except a…

§431:2-217 Trade name. (a) Before the use or change of a trade name to sell, solicit, or negotiate insurance in this State, the licensee shall register the trade name with the department of commerce and consumer affairs pursuant to part II of chapter 482. (b) Upon registration of…

PART III. INVESTIGATIONS, EXAMINATIONS, HEARINGS AND APPEALS §431:2-301 Purpose. The purpose of this part is to provide an effective and efficient system for examining the activities, operations, financial condition, and affairs of all persons transacting the business of insuranc…

[§431:2-301.5] Examiner defined. For purposes of this part, "examiner" means any individual or firm authorized by the commissioner to conduct an examination under the insurance code. [L 1993, c 321, pt of §2]

[§431:2-301.6] Conflict of interest. (a) No examiner may be appointed by the commissioner if the examiner, either directly or indirectly, has a conflict of interest or is affiliated with the management of or owns a pecuniary interest in any person subject to examination under thi…

[§431:2-301.7] Conduct of examinations. (a) Upon determining that an examination should be conducted, the commissioner or the commissioner's designee shall issue an examination warrant appointing one or more examiners to perform the examination and instructing them as to the scop…

§431:2-301.8 Immunity from liability. (a) No cause of action shall arise nor shall any liability be imposed against any examiner appointed or otherwise designated as an examiner by the commissioner for any statements made or conduct performed in good faith while carrying out the …

§431:2-302 Authority, scope, and scheduling of examinations. (a) The commissioner or any authorized examiner may conduct an examination of any company as often as the commissioner deems appropriate, but, at a minimum, shall conduct an examination of each domestic insurer at least…

§431:2-303 Examination of producers, adjusters, promoters, and independent bill reviewers. For the purpose of ascertaining its condition, or compliance with this code, the commissioner may as often as the commissioner deems advisable examine the insurance accounts, records, docum…

§431:2-304 Examination of guaranty associations. (a) The Hawaii Insurance Guaranty Association shall be subject to examination and regulation by the commissioner. The board of directors shall submit, not later than March 30 of each year, a financial report for the preceding calen…

§431:2-305 Examination reports. (a) All examination reports shall be comprised of only facts appearing upon the books, records, or other documents of the insurer, its producers, or other persons examined, or as ascertained from the testimony of its officers, producers, or other p…

§431:2-306 Examination expense. (a) Examinations of: shall be at the expense of the insurer, person, or guaranty fund examined. Examination expenses shall include fees, mileage, and expenses incurred as to witnesses or any other person, as defined in article 1, subject to an exam…

§431:2-307.5 Reimbursement and compensation of examiners; source of funds; disposition of receipts. (a) All moneys necessary for the compensation and reimbursement of independent contractor examiners and insurance division staff examiners for actual travel expenses, reasonable li…

§431:2-308 Administrative procedure act applies. (a) The rules, notices, hearings, orders, and appeals provided for in this code are in all applicable respects subject to chapter 91, unless it is expressly provided otherwise. (b) The commissioner shall hold a hearing if required …

[PART IV.] INSURANCE FRAUD [§431:2-401] Definitions. As used in this part: "Branch" means the insurance fraud investigations branch of the insurance division of the department of commerce and consumer affairs. "Insurance policy" means a contract issued by an insurer or other lice…

§431:2-402 Insurance fraud investigations branch. (a) There is established in the insurance division the insurance fraud investigations branch for the purposes set forth in this part. (b) The branch shall: (c) The branch may review and take appropriate action on complaints of fra…

§431:2-403 Insurance fraud. (a) A person commits the offense of insurance fraud if the person: (b) Violation of subsection (a) is a criminal offense and shall constitute: (c) This section shall not supersede any other law relating to theft, fraud, or deception. Insurance fraud ma…

[§431:2-404] Restitution. Any person convicted under this part shall be ordered by a court to make restitution to any insurer, person, or licensee for any financial loss sustained by that insurer, person, or licensee that was caused by the act or acts for which the person was con…

[§431:2-405] Insurance fraud; administrative penalties. (a) In addition to or in lieu of criminal penalties under section 431:2-403(b), any person who commits insurance fraud as defined under section 431:2-403, may be subject to the administrative penalties in this section. (b) I…

[§431:2-406] Administrative procedures. (a) An administrative penalty may be imposed upon a judgment by a court of competent jurisdiction or upon an order by the commissioner. (b) The commissioner shall hold a hearing in accordance with chapter 91, prior to imposing any administr…

[§431:2-407] Acceptance of payment. A provider's failure to dispute a reduced payment by an insurer shall not constitute an implied admission that a fraudulent billing was submitted. [L 2009, c 149, pt of §2]

[§431:2-408] Civil cause of action for insurance fraud; exemption. (a) An insurer or other licensee shall have a civil cause of action to recover payments or benefits from any person who has violated section 431:2-403; provided that no recovery shall be allowed if the person has …

[§431:2-409] Mandatory reporting. (a) Within sixty days of an insurer or other licensee's employee or agent discovering credible information indicating a violation of section 431:2-403, or as soon thereafter as practicable, the insurer or licensee shall provide to the branch info…

[§431:2-410] Deposit into the compliance resolution fund. All moneys that have been recovered by the department of commerce and consumer affairs as a result of prosecuting insurance fraud violations pursuant to this part, including civil fines, criminal fines, administrative fine…

ARTICLE 20 TITLE INSURANCE AND TITLE INSURERS §431:20-101 Scope. This article relates only to title insurers and title insurance policies. [L 1987, c 347, pt of §2]

§431:20-102 Definitions. For the purposes of this article: "Controlled escrow company" means each person engaged in the business of handling escrows of real property transactions in connection with which title policies are issued by a title insurer, which person: "Title insurance…

§431:20-103 General insurance law applicable. The following provisions shall apply to title insurance and to title insurers: