Title 24, Insurance

§431:10A-405 Association; powers, process; examination. Any association formed for the purposes of this part may hold title to property, may enter into contracts, and may limit the liability of its members to their respective pro rata shares of the liability of such association. …

§431:10A-406 Forms; rates; approval. (a) The forms of the policies, applications, certificates, or other evidence of insurance coverage, commission schedules, and applicable premium rates relating thereto shall be filed with the commissioner. (b) No policy, contract, certificate,…

§431:10A-407 Duplication of benefits; adjustment. If and when a program of hospital, surgical, and medical benefits is enacted by the federal government or by the State, the extended health insurance benefits provided by policies issued under this section shall be adjusted to avo…

§431:10A-408 Annual report filed by association. The association shall submit an annual report to the commissioner which shall become public information and shall include the following: (1) The number of persons insured; (2) The names of the insurers participating in the associat…

§431:10A-409 Articles of association; agent, membership list; deception. (a) Any association formed in accordance with this part shall file the following with the commissioner: (1) The articles of association; (2) All amendments and supplements to the articles of association; (3)…

§431:10A-410 Violation of other laws. No act done, action taken, or agreement made pursuant to the authority conferred by this part shall constitute a violation of or grounds for prosecution or civil proceedings under any other law of this State which does not specifically refer …

[PART VI. MISCELLANEOUS PROVISIONS] [§431:10A-601] Reciprocal beneficiary family coverage defined; policyholder and employer responsibility for costs; availability. (a) Any other law to the contrary notwithstanding, reciprocal beneficiary family coverage, as defined in subsection…

§431:10A-602 Federally funded programs; exemption. Requirements relating to mandated coverages shall not be applicable to any insurer offering accident and health or sickness insurance under a federally funded program under the Social Security Act, as amended; provided that this …

§431:10A-603 Self-employed persons, exemption. The requirements of this article related to mandated coverages for persons insured under accident and health or sickness policies shall not apply to accident and health or sickness policies for self-employed persons in this State; pr…

[§431:10A-604] Bona fide trade associations. (a) At the option of a bona fide trade association, or its designated agent, an insurer that sells health insurance to the bona fide trade association shall treat the bona fide trade association and its members as a group for the purpo…

[§431:10A-605] Short-term, limited-duration health insurance. (a) No insurer shall issue, renew, or re-enroll an individual in a short-term, limited-duration health insurance policy or contract if the individual was eligible to purchase health insurance through the federal health…

[§431:10A-606] Medication synchronization; proration; dispensing fees. (a) Each individual or group policy of accident and health or sickness insurance that provides prescription drug coverage in the State shall apply a prorated daily cost-sharing rate to prescriptions that are d…

[§431:10A-607] Limited benefit health insurance. (a) Except as provided in subsection (b) or elsewhere in this article, when used in this article, the terms "accident insurance", "health insurance", or "sickness insurance" shall not include an accident-only; specified disease; ho…

ARTICLE 10B CREDIT LIFE INSURANCE AND CREDIT DISABILITY INSURANCE §431:10B-101 Purpose. The purpose of this article is to promote the public welfare by regulating credit life insurance and credit disability insurance. Nothing in this article is intended to prohibit or discourage …

§431:10B-102 Scope. All life insurance and all accident and health or sickness insurance in connection with loans or other credit transactions shall be subject to this article, except such insurance in connection with a loan or other credit transaction of more than ten years' dur…

§431:10B-103 Definitions. For the purpose of this article: "Credit disability insurance" means insurance on a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the debtor is disabled as defined in the policy. "Credit life i…

§431:10B-104 Forms of credit life insurance and credit disability insurance. Credit life insurance and credit disability insurance shall be issued only in the following forms: (1) Individual policies of life insurance issued to debtors on the term plan; (2) Individual policies of…

§431:10B-105 Amount of credit life insurance and credit disability insurance. (a) Credit life insurance. (1) The initial amount of credit life insurance shall not exceed the total amount repayable under the contract of indebtedness and, where an indebtedness is repayable in subst…

§431:10B-106 Term of credit life and credit disability insurance. The term of any credit life insurance or credit disability insurance shall, subject to acceptance by the insurer, commence on the date when the debtor becomes obligated to the creditor; except that where a group po…

§431:10B-107 Provisions of policies and certificates of insurance: disclosure to debtors. (a) Credit life insurance and credit disability insurance subject to this article shall be evidenced by an individual policy, or in the case of group insurance by a certificate of insurance,…

§431:10B-108 Filing, approval, and withdrawal of forms and premium rates. (a) All policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements, and riders delivered or issued for delivery in this State and the schedules of premium r…

§431:10B-109 Premiums and refunds. (a) Any insurer may revise its schedules of premium rates from time to time, and shall file the revised schedules for approval with the commissioner. No insurer shall issue any credit life insurance policy or credit disability insurance policy f…

§431:10B-110 Issuance of policies. (a) All policies of credit life insurance and credit disability insurance shall be delivered or issued for delivery in this State only by an insurer authorized to do an insurance business in this State, and shall be issued only through holders o…

§431:10B-111 Claims. (a) All claims shall be promptly reported to the insurer or its designated claim representative, and the insurer shall maintain adequate claim files. All claims shall be settled as soon as possible and in accordance with the terms of the insurance contract. (…

§431:10B-112 Existing insurance and choice of insurer. When credit life insurance or credit disability insurance is required as additional security for any indebtedness, the creditor shall give the debtor written notice of the debtor's option to furnish the required insurance thr…

§431:10B-113 Enforcement. (a) The commissioner may, after notice and hearing as provided in chapter 91, issue such rules and regulations as the commissioner deems appropriate for the supervision of this article. (b) Whenever the commissioner finds that there has been a violation …

§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: (1) Create a system of reparations for accidental harm and loss arising from motor vehicle accidents; (2) Compensate these damages without regard to fault; and (3) Limit tort liability for these accidents. (b) To effect…

§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-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: (1) The owner meets the requirements of part VI of this article; and (2) The commissioner is satisfied that in case of injury, death, …

§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: (1) For any person to make, issue, or knowingly use any fictitious or fraudulently altered motor vehicle insurance identification card; or (2) For any person to disp…

§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‑110.5] Replacing motor vehicle insurance policy through an insurer's affiliate or subsidiary. An insurer shall be exempt from provisions governing policy cancellations or nonrenewals in sections 431:10C-111, 431:10C-111.5, and 431:10C‑112 if: (1) The insurer offers to r…

§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-112.5 Notice of cancellation for insurer ceasing to issue motor vehicle insurance policies. Any insurer authorized to issue motor vehicle insurance policies, which ceases to engage in the motor vehicle insurance business in this State, shall give written notice to each i…

§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: (1) Immediately surrender the registration certificate and license plates for the vehic…