2015 Hawaii Revised Statutes
TITLE 24. INSURANCE
431. Insurance Code
431:10C-109 Motor vehicle insurance identification card after cancellation of policy; return to insurer, civil sanctions.

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-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 cancellation:

(1) Return the motor vehicle insurance identification card to the insurer for the policy; or

(2) If the card is lost or stolen, submit to the insurer an affidavit signed by the insured stating that fact to the insurer.

(b) The insurer's notice of cancellation shall include:

(1) The reason for the cancellation; and

(2) A statement of actions which may be taken under this section if the card is not returned.

(c) If the card or affidavit is not returned within the period specified, the insurer may:

(1) If the premiums for the period shown on the motor vehicle insurance identification card have been prepaid, withhold the unearned portions of the premiums until the identification card or an affidavit signed by the insured has been returned. In addition, all premiums shall be considered "earned" until the card is returned.

(2) If the premiums for the period shown on the identification card have not been paid in full, bring a civil action for three times the unpaid portion of the premiums. Notwithstanding section 607-14, the insurer shall be awarded reasonable attorney's fees and court costs. If the motor vehicle insurance identification card is returned after the civil action is filed but before the matter is taken to trial, the insurer shall be awarded damages of not less than $100, but not more than the amount of the unpaid premiums together with reasonable attorney's fees and costs as provided in this section.

(d) Notwithstanding the provisions of this section, the imposition of criminal sanctions under section 431:10C-117 shall not be precluded. [L 1987, c 347, pt of §2; am L 1989, c 195, §32; am L 1997, c 251, §20; am L 2005, c 22, §26]