2014 Hawaii Revised Statutes
TITLE 24. INSURANCE
431. Insurance Code
431:8-102 Definitions.

Cross References

Insurance policies issued to construction professionals, see §431:1-217.

PART I. GENERAL PROVISIONS

§431:8-102 Definitions. As used in this article:

"Approved continuing education course" means a course approved by the commissioner following receipt of recommendations from insurance professionals.

"Approved course provider" means an individual or entity that is approved to offer continuing education courses pursuant to article 9A.

"Authorized insurer" means an insurer holding a valid certificate of authority to transact an insurance business in the state in which the subject resident is located or in which the insurance contract will be performed.

"Business entity" means an association, corporation, individual, limited liability company, limited liability partnership, partnership, person, or other legal entity.

"Credit hour" means the value assigned to an approved continuing education course that is equivalent to at least fifty minutes of classroom instruction.

"Exempt commercial purchaser" means any person purchasing commercial insurance which, at the time of placement, employs or retains a qualified risk manager to negotiate insurance coverage; and has paid aggregate nationwide commercial property and casualty insurance premiums in excess of $100,000 in the immediately preceding twelve months. The person shall possess a net worth in excess of $20,000,000; generate annual revenues in excess of $50,000,000; employ more than five hundred full-time or full-time equivalent employees per individual insured or be a member of an affiliated group employing more than 1,000 employees in the aggregate; be a not-for-profit organization or public entity generating annual budgeted expenditures of at least $30,000,000; or be a municipality with a population in excess of 50,000 persons. Effective January 1, 2015, and every five years thereafter, the amount of net worth, annual revenues, and budgeted expenditures shall be adjusted to reflect the percentage change for that five-year period in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the federal Department of Labor.

"Home state" means, with respect to an insured, the state in which an insured maintains the insured's principal place of business or, in the case of an individual, the state in which the individual maintains the individual's principal residence; provided that if one hundred per cent of the insured risk is located out of the state where the insured maintains the insured's principal place of business or the state where the individual maintains the principal residence, the home state shall be the state where the greatest percentage of the insured's taxable premium for that insurance contract is allocated.

"Home state" means, with respect to an insured, the state in which an insured maintains the insured's principal place of business or, in the case of a surplus lines broker, the state in which the surplus lines broker maintains the surplus lines broker's principal residence or principal place of business and is licensed to act as a surplus lines broker; provided that if one hundred per cent of the insured risk is located out of the state where the insured maintains the insured's principal place of business or the state where the individual maintains the principal residence, the home state shall be the state where the greatest percentage of the insured's taxable premium for that insurance contract is allocated.

"Home state of affiliated group" means the home state of the member of the affiliated group that has the largest percentage of premium attributed to it under an insurance contract that has more than one insured from the affiliated group listed as named insureds on a single unauthorized insurance contract.

"Home state of group insurance" means the home state of the group policyholder who pays one hundred per cent of the premium from the policyholder's own funds. When the group policyholder does not pay one hundred per cent of the premium from the policyholder's own funds, the term "home state of group insurance" means the home state of the group member.

"Inactive" means that the authority of a license issued by the commissioner is not in effect.

"Independently procured insurance" means insurance obtained by an insured directly from an unauthorized insurer as permitted by the laws of the insured's home state.

"Individual" means a natural person or a business entity.

"License" means a document issued by the commissioner authorizing a person to act as a surplus lines broker as specified in the document. The license itself shall not create any authority, actual, apparent, or inherent, in the holder to represent or commit an insurer.

"Licensee" means a surplus lines broker licensed under this article.

"Multi-state risk" means a risk covered by an unauthorized insurer with insured exposures in more than one state.

"Principal place of business" means, with respect to determining the home state of the insured:

(1) The state where the insured maintains the insured's headquarters and where the insured's high-level officers direct, control, and coordinate the business activities;

(2) If the insured's high-level officers direct, control, and coordinate the business activities in more than one state, the state in which the greatest percentage of the insured's taxable premium for that insurance contract is allocated; or

(3) If the insured maintains the insured's headquarters or the insured's high-level officers direct, control, and coordinate the business activities outside any state, the state in which the greatest percentage of the insured's taxable premium for that insurance contract is allocated.

"Principal residence" means, with respect to determining the home state of the individual insured:

(1) The state where the individual insured resides for the greatest number of days during a calendar year; or

(2) If the insured's principal residence is located outside any state, the state in which the greatest percentage of the insured's taxable premium for that insurance contract is allocated.

"Single state risk" means a risk with insured exposures in only one state.

"Surplus lines broker" means any person licensed under section 431:8-310 to place insurance on risks resident, located, or to be performed in this State with unauthorized insurers.

"Surplus lines insurance" means any property and casualty insurance on risks procured from or placed with an unauthorized insurer under the laws of the insured's home state. Surplus lines insurance, when this State is the home state of the insured, shall be in accordance with part III of this article.

"Unauthorized insurer" means an insurer not holding a valid certificate of authority to transact an insurance business in the state in which the subject resident is located or in which the insurance contract will be performed. [L 1987, c 347, pt of §2; am L 1989, c 195, §18; am L 2002, c 155, §13; am L 2011, c 68, §5; am L 2011, c 68, §5; am L 2012, c 66, §3]