2013 Hawaii Revised Statutes
TITLE 24. INSURANCE
431. Insurance Code
431:9-105 Definitions.

Note

Article heading amended by L 2000, c 288, §2; L 2003, c 212, §52.

Case Notes

Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this article (1993), it could not have been legally appointed as either a general agent, subagent, or solicitor of insurer; thus it did not qualify as a "general agent", "subagent", or "solicitor" as defined by this chapter (1993), did not fall within the parameters of the category described by §237-13(7) and was thus subject to a general excise tax rate of four per cent pursuant to §237-13(6). 115 H. 180, 166 P.3d 353 (2007).

PART I. GENERAL PROVISIONS

Case Notes

Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this article (1993), it could not have been legally appointed as either a general agent, subagent, or solicitor of insurer; thus it did not qualify as a "general agent", "subagent", or "solicitor" as defined by this chapter (1993), did not fall within the parameters of the category described by §237-13(7) and was thus subject to a general excise tax rate of four per cent pursuant to §237-13(6). 115 H. 180, 166 P.3d 353 (2007).

§431:9-105 Definitions. As used in this article, unless the context otherwise requires:

"Adjuster":

(1) Means any individual who:

(A) Acts solely on behalf of either the insurer or the insured, as an independent contractor or as an employee of an independent contractor; and

(B) Investigates for, reports to, or adjusts for the individual's principal relative to claims arising under insurance contracts; but

(2) Does not include an individual who is:

(A) An attorney at law who adjusts insurance losses from time to time incidental to the practice of the attorney's profession;

(B) An adjuster of marine losses;

(C) A salaried employee of an insurer or salaried employee of an adjusting corporation or an association owned or controlled by an insurer; or

(D) An individual who acts for a self-insurer or for an insured that administers its own group insurance contract.

"Independent adjuster" means an adjuster representing the interests of the insurer.

"Independent bill reviewer":

(1) Means any individual who:

(A) Acts solely on behalf of either the insurer as an independent contractor or as an employee of an independent contractor; and

(B) Reviews or audits billings for medical services; but

(2) Does not include an individual who is:

(A) A salaried employee of an insurer or salaried employee of an adjusting corporation or an association owned or controlled by an insurer; or

(B) A database provider for the insurer.

"Public adjuster" means an adjuster employed by and solely representing the financial interests of the insured named in the policy. [L 1987, c 347, pt of §2; am L 1997, c 83, §2; am L 2000, c 182, §8; am L 2002, c 155, §21; am L 2006, c 154, §14]