2015 Hawaii Revised Statutes
TITLE 24. INSURANCE
431. Insurance Code
431:13-107 Commissioner's right of action.

HI Rev Stat § 431:13-107 (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.

§431:13-107 Commissioner's right of action. All remedies, penalties and proceedings set forth in this article are to be invoked solely and exclusively by the commissioner. [L 1987, c 347, pt of §2]

Case Notes

See also notes at end of this chapter.

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

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