2015 Hawaii Revised Statutes
TITLE 24. INSURANCE
431. Insurance Code
431:13-105 Power of commissioner.

HI Rev Stat § 431:13-105 (2015) 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.

§431:13-105 Power of commissioner. The commissioner may examine and investigate into the affairs of every person engaged in the business of insurance in this State in order to determine whether the person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by section 431:13-102. [L 1987, c 347, pt of §2]

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