2018 Hawaii Revised Statutes
TITLE 24. INSURANCE
435E. Physicians and Surgeons Cooperative Indemnity
435E-25 Voluntary termination of a member.

§435E-25 Voluntary termination of a member. A participating member who is then in full compliance with the trust agreement may elect voluntarily to terminate the participating member's membership in the interindemnity arrangement. Upon voluntary termination, the person may further elect to cease being responsible for future assessments, or to continue to pay the assessments until the person's initial contribution is repaid. If the person elects to cease being responsible for future assessments, the indemnity coverage shall thereupon terminate and the person shall either be responsible for the person's own exposure for acts committed while a participating member in the interindemnity arrangement, or the person may request the interindemnity arrangement to purchase or provide, at the cost of the person, coverage for the person's exposure. The initial contribution of the person shall be repaid on the tenth anniversary of the date the contribution was made. If the person elects to continue to be responsible for assessments, the indemnity coverage shall continue in respect of occurrences prior to the date of the voluntary termination, and the initial contribution of the person shall be repaid when the board of trustees is satisfied that:

(1) There are no claims pending against the person in respect of occurrences during the time the person was a participating member; and

(2) The statute of limitations has run on all claims that might be asserted against the person in respect of occurrences during that time.

In no event shall repayment be made earlier than the tenth anniversary of the date the contribution was made. [L 1977, c 182, pt of §1; am L 2018, c 18, §30]