2012 Hawaii Revised Statutes
TITLE 24. INSURANCE
431. Insurance Code
431:10C-110.5 Replacing motor vehicle insurance policy through an insurer's affiliate or subsidiary.

Cross References

Applicability of article to captive insurers, see §431:19-115.5.

Law Journals and Reviews

Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev. 55.

Case Notes

Rent-a-car company's rental agreement provision, which attempted to shift primary responsibility for providing minimum insurance coverage to the renter's personal insurance policy, violated the public policy enumerated in this chapter. 88 H. 274, 965 P.2d 1274.

The owner of a vehicle has the primary obligation to provide minimum coverage for the owned vehicle and this obligation may not be avoided through a unilateral contract with a permissive user of the vehicle. 88 H. 274, 965 P.2d 1274.

When a defendant is charged with a violation of this article, §805-13 is the proper procedural statute for the district court, enforcement officers, and the prosecutor's office to follow. 86 H. 331 (App.), 949 P.2d 171.

As §1-1 does not establish the supremacy of the 1840 Constitution over the current state constitution, or somehow render the documents concurrent, whether chapter 431 violated the 1840 Constitution was immaterial for purposes of defendant's conviction. 90 H. 130 (App.), 976 P.2d 444.

§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 replace the insured's policy through the insurer's affiliate or subsidiary;

(2) The replacement policy is effective upon the expiration of the existing policy;

(3) The replacement policy provides the same or better coverage, terms, and conditions as the existing policy at a lower premium than the existing policy;

(4) The insurer provides at least thirty days written notice of the prospective replacement to the insured; provided that the insured may waive notice pursuant to this paragraph; and

(5) The insured accepts the replacement policy. [L 2011, c 11, §1]