2013 Hawaii Revised Statutes
TITLE 24. INSURANCE
431. Insurance Code
431:13-102 Unfair methods of competition; unfair or deceptive acts or practices prohibited.


HI Rev Stat § 431:13-102 (2013) What's This?

Case Notes

Supreme court of Hawai`i would not find that article 13 preempted suits against insurers for deceptive trade practices in violation of §480-2. 95 F.3d 791.

This article does not authorize a private cause of action. 795 F. Supp. 1036.

Article's administrative remedies not exclusive; bad faith cause of action may be brought by first-party insured for insurer misconduct. 82 H. 120, 920 P.2d 334.

As no private cause of action authorized under this article, summary judgment properly granted for workers' compensation insurer against employee's complaint of violation of this article by insurer. 83 H. 457, 927 P.2d 858.

No private cause of action exists under this article. 82 H. 363 (App.), 922 P.2d 976.

§431:13-102 Unfair methods of competition; unfair or deceptive acts or practices prohibited. No person shall engage in this State in any trade practice which is defined in this article as, or determined pursuant to section 431:13-106 to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance. [L 1987, c 347, pt of §2]

Case Notes

An insurer that does not respond promptly to a party's settlement demand and does not negotiate settlement in good faith may violate section. 73 H. 412, 835 P.2d 627.

Discussed: 458 F. Supp. 2d 1167 (2006).

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