2023 Hawaii Revised Statutes
Title 24. Insurance
431. Insurance Code

ARTICLE 1
DEFINITIONS
PART I. GENERAL PROVISIONS

• 431:1-100 Short title.
• 431:1-100.5 Purpose.
• 431:1-101 Compliance required.
• 431:1-102 Public interest.
• 431:1-103 Headings.
• 431:1-104 Particular provisions prevail.
• 431:1-105 Records, statements and reports.

PART II. GENERAL DEFINITIONS

• 431:1-201 Insurance defined.
• 431:1-202 Insurer defined.
• 431:1-203 Classes of insurance
• 431:1-204 Life insurance defined.
• 431:1-205 Accident and health or sickness insurance defined
• 431:1-206 Property insurance defined.
• 431:1-207 Marine and transportation insurance defined.
• 431:1-208 Vehicle insurance defined.
• 431:1-209 General casualty insurance defined.
• 431:1-210 Surety insurance defined.
• 431:1-211 Ocean marine insurance defined.
• 431:1-212 Person defined.
• 431:1-213 State defined.
• 431:1-214 United States defined.
• 431:1-215 Transaction of an insurance business.
• 431:1-216 General business practice.
• 431:1-217 Insurance policies issued to construction professionals.

ARTICLE 2
ADMINISTRATION OF INSURANCE LAWS
PART I. INSURANCE DIVISION

• 431:2-101 Insurance division.
• 431:2-102 Insurance commissioner.
• 431:2-103 Salary.
• 431:2-104 Seal.
• 431:2-105 Deputies, employees.
• 431:2-105.5 Staff.
• 431:2-106 Ethical requirements for insurance division staff.
• 431:2-107 Workers' compensation rate analysis.
• 431:2-108 Commissioner may delegate.
• 431:2-109 Supplies, convention blanks.
• 431:2-110 Offices.

PART II. POWERS AND DUTIES OF COMMISSIONER

• 431:2-201 General powers and duties.
• 431:2-201.2 Standards for commissioner.
• 431:2-201.3 Criminal convictions; consent to engage in business.
• 431:2-201.5 Conformity to federal law.
• 431:2-201.8 Sales to members of the armed forces.
• 431:2-202 Orders and notices.
• 431:2-202.5 Approval; when deemed effective.
• 431:2-203 Enforcement.
• 431:2-204 Commissioner's power to subpoena.
• 431:2-205 Commissioner to receive service of legal process on foreign or alien insurer.
• 431:2-206 How service on commissioner made.
• 431:2-207 Contempt proceedings.
• 431:2-208 Access to records.
• 431:2-209 Records and reports.
• 431:2-210 Copies and certificates as evidence.
• 431:2-211 Annual report.
• 431:2-212 Interstate cooperation.
• 431:2-214 The commissioner's education and training fund.
• 431:2-215 Deposits to compliance resolution fund.
• 431:2-216 Assessments of health insurers.
• 431:2-217 Trade name.

PART III. INVESTIGATIONS, EXAMINATIONS, HEARINGS AND APPEALS

• 431:2-301 Purpose.
• 431:2-301.5 Examiner defined. For purposes of this part, "examiner" means any individual or firm authorized by the commissioner to conduct an examination under the insurance code. [L 1993, c 321, pt of §2]
• 431:2-301.6 Conflict of interest. (a) No examiner may be appointed by the commissioner if the examiner, either directly or indirectly, has a conflict of interest or is affiliated with the management of or owns a pecuniary interest in any person subject to examination under this part. This section shall not be construed to automatically preclude an examiner from being: (1) A policyholder or claimant under an insurance policy; (2) A grantor of a mortgage or similar instrument on the examiner's residence to a regulated entity if done under customary terms and in the ordinary course of business; (3) An investment owner in shares of regulated diversified investment companies; or (4) A settlor or beneficiary of a "blind trust" into which any otherwise impermissible holdings have been placed. (b) Notwithstanding the requirements of this section, the commissioner may retain from time to time, on an individual basis, qualified actuaries, certified public accountants, or other similar individuals who are independently practicing their professions, even though those persons from time to time may be similarly employed or retained by persons subject to examination under the insurance code. [L 1993, c 321, pt of §2]
• 431:2-301.7 Conduct of examinations. (a) Upon determining that an examination should be conducted, the commissioner or the commissioner's designee shall issue an examination warrant appointing one or more examiners to perform the examination and instructing them as to the scope of the examination. In conducting the examination, the examiners shall observe those guidelines and procedures set forth in the examiners' handbook adopted by the National Association of Insurance Commissioners. The commissioner may also employ such other guidelines or procedures as the commissioner may deem appropriate. (b) Every company or person from whom information is sought, including its officers, directors, and agents, shall provide to the examiners appointed under subsection (a) timely, convenient, and free access at all reasonable hours at its offices to all books, records, accounts, papers, documents, and any or all computer or other recordings relating to the property, assets, business, and affairs of the company being examined. The officers, directors, employees, and agents of the company or person shall facilitate the examination and aid in the examination insofar as it is in their power to do so. The refusal of any company, by its officers, directors, employees, or agents, to submit to examination or to comply with any reasonable written request of the examiners shall be grounds for suspension or refusal of, or nonrenewal of, any license or authority held by the company to engage in an insurance or other business subject to the commissioner's jurisdiction. Any such proceedings for suspension, revocation, or refusal of any license or authority shall be conducted pursuant to section 431:3-217. (c) The commissioner or any authorized examiner shall have the power to issue subpoenas, administer oaths, and examine under oath any person as to any matter pertinent to the examination. Upon the failure or refusal of any person to obey a subpoena, the subpoena may be enforced pursuant to section 431:2-207. (d) When conducting an examination, the c
• 431:2-301.8 Immunity from liability. (a) No cause of action shall arise nor shall any liability be imposed against any examiner appointed or otherwise designated as an examiner by the commissioner for any statements made or conduct performed in good faith while carrying out the provisions of the insurance code. (b) No cause of action shall arise, nor shall any liability be imposed against any person, for the act of communicating or delivering information or data to the commissioner or the commissioner's authorized representative or examiner pursuant to an examination made under the insurance code, if the act of communication or delivery was performed in good faith and without fraudulent intent or the intent to deceive. (c) This section does not abrogate nor modify in any way common law or statutory privilege or immunity heretofore enjoyed by any person identified in subsection (a). (d) A person identified in subsection (a) shall be entitled to an award of attorneys' fees and costs if the person is the prevailing party in a civil cause of action for libel, slander, or any other relevant tort arising out of activities in carrying out the insurance code, and the party bringing action is not substantially justified to do so. For the purposes of this section, a proceeding is substantially justified if it has a reasonable basis in law or fact at the time that it is initiated. [L 1993, c 321, pt of §2; am L 2006, c 189, §2]
• 431:2-302 Authority, scope, and scheduling of examinations.
• 431:2-303 Examination of producers, adjusters, promoters, and independent bill reviewers.
• 431:2-304 Examination of guaranty associations.
• 431:2-305 Examination reports.
• 431:2-306 Examination expense.
• 431:2-307 REPEALED.
• 431:2-307.5 Reimbursement and compensation of examiners; source of funds; disposition of receipts.
• 431:2-308 Administrative procedure act applies.

PART IV. INSURANCE FRAUD

• 431:2-401 Definitions.
• 431:2-402 Insurance fraud investigations branch.
• 431:2-403 Insurance fraud.
• 431:2-404 Restitution
• 431:2-405 Insurance fraud; administrative penalties
• 431:2-406 Administrative procedures
• 431:2-407 Acceptance of payment
• 431:2-408 Civil cause of action for insurance fraud; exemption
• 431:2-409 Mandatory reporting
• 431:2-410 Deposit into the compliance resolution fund

ARTICLE 2D
MARKET CONDUCT

• 431:2D-101 Legislative intent.
• 431:2D-102 Definitions.
• 431:2D-103 Domestic responsibility and deference to other states.
• 431:2D-104 Market analysis procedures.
• 431:2D-105 Protocols for market conduct actions.
• 431:2D-106 Protocols for market conduct examinations.
• 431:2D-107 Confidentiality requirements.
• 431:2D-108 Market conduct surveillance personnel.
• 431:2D-109 Immunity for market conduct surveillance personnel.
• 431:2D-110 Fines and penalties.
• 431:2D-111 Data collection and participation in national market conduct databases.
• 431:2D-112 Coordination with other states through the National Association of Insurance Commissioners.
• 431:2D-113 Additional duties of the commissioner.
• 431:2D-114 Data calls.

ARTICLE 3
INSURERS GENERAL REQUIREMENTS
PART I. DEFINITIONS

• 431:3-101 Alien insurer.
• 431:3-102 Capital funds.
• 431:3-103 Charter.
• 431:3-104 Domestic insurer.
• 431:3-105 Foreign insurer.
• 431:3-106 Mutual insurer.
• 431:3-107 Reciprocal insurance.
• 431:3-108 Reciprocal insurer.
• 431:3-109 Reinsurance.
• 431:3-110 Stock insurer.

PART II. CERTIFICATE OF AUTHORITY

• 431:3-201 Authority required.
• 431:3-202 Insurer's name.
• 431:3-203 Qualifications for authority.
• 431:3-203.5 Foreign insurer; certification
• 431:3-204 Classes of insurance authorized
• 431:3-205 Funds required of new insurers.
• 431:3-206 Additional funds required, new insurers.
• 431:3-207 Noncompliance as to capital stock and surplus permitted certain insurers for five years.
• 431:3-208 Funds required of existing and new insurers for transacting additional classes of insurance.
• 431:3-209 Deposits of alien and foreign insurers; special deposits.
• 431:3-210 Determination of capital funds of alien insurer.
• 431:3-211 REPEALED.
• 431:3-212 Application for authority.
• 431:3-212.5 Redomestication of authorized insurers.
• 431:3-213 Authority issued or denied.
• 431:3-214 Extension; amendment.
• 431:3-215 Withdrawal from State; obligations.
• 431:3-216 Mandatory refusal, suspension or revocation provisions.
• 431:3-217 Discretionary refusal, suspension or revocation provisions.
• 431:3-218 Procedure upon revocation; suspension of certificate of authority.
• 431:3-219 Suspension period; revocation.
• 431:3-220 Revival.
• 431:3-221 Power to fine.

PART III. ANNUAL REQUIREMENTS AND LIMITING PROVISIONS

• 431:3-301 Annual and quarterly filings with commissioner.
• 431:3-302 Annual and quarterly filings with the National Association of Insurance Commissioners.
• 431:3-302.5 Annual audit. (a) Annually on or before June 1, or such later date as the commissioner upon request or for cause may specify, each domestic insurer shall file an audit by a designated independent certified public accountant or accounting firm of the financial statements reporting the financial condition and the results of operations of the insurer. The insurer shall notify the commissioner in writing of the name and address of the person or firm retained to conduct the annual audit within sixty days of retention. The commissioner may disapprove the insurer's designation within fifteen days of receipt of the insurer's notice, and the insurer shall be required to designate another independent certified public accountant or accounting firm. (b) An insurer may make written application to the commissioner for approval to file audited consolidated or combined financial statements in lieu of separate annual audited financial statements if the insurer is part of a group of insurance companies that utilizes a pooling or one hundred per cent reinsurance agreement that affects the solvency and integrity of the insurer's reserves and the insurer cedes all of its direct and assumed business to the pool. (c) The audit required in subsection (a) and the audited consolidated or combined financial statements as may be approved under subsection (b) shall be prepared in accordance with the National Association of Insurance Commissioners accounting practices and procedures manual and rules adopted by the commissioner following the practices and procedures prescribed by the National Association of Insurance Commissioners. (d) Any insurer failing or refusing to submit the annual audit or any of the documents required under subsection (a) or as may be approved under subsection (b), on or before June 1, or a later date as the commissioner upon request or for cause may specify, shall be liable for a penalty in an amount not less than $100 and not more than $500 for each day of delinquency. The commissioner may suspend or revoke the certi
• 431:3-303 Immunity.
• 431:3-304 Confidentiality.
• 431:3-304.5 Statement of actuarial opinion; property and casualty insurance; confidentiality.
• 431:3-305 Accounts; records.
• 431:3-306 Limit of risk.
• 431:3-306.5 Residential hurricane coverage.
• 431:3-307 Free insurance.
• 431:3-308 Alien government owned insurers.
• 431:3-309 Disclosure of profits by insurers.

PART IV. RISK-BASED CAPITAL FOR INSURERS

• 431:3-401 Definitions.
• 431:3-402 Risk-based capital reports.
• 431:3-403 Company action level event.
• 431:3-404 Regulatory action level event.
• 431:3-405 Authorized control level event.
• 431:3-406 Mandatory control level event.
• 431:3-407 Hearing.
• 431:3-408 Confidentiality and prohibition on announcements; prohibition on use in ratemaking.
• 431:3-409 Supplemental provisions; rules; exceptions.
• 431:3-410 Foreign insurers.
• 431:3-411 Severability.
• 431:3-412 Notices.
• 431:3-413 Phase-in provision.
• 431:3-414 Immunity.

ARTICLE 3A
PRIVACY OF CONSUMER FINANCIAL INFORMATION

• 431:3A-101 Purpose; scope; applicability.
• 431:3A-102 Definitions.

PART II. PRIVACY AND OPT OUT
NOTICES FOR FINANCIAL INFORMATION

• 431:3A-201 Initial privacy notice to consumers required.
• 431:3A-202 Annual privacy notice to customers required.
• 431:3A-203 Information to be included in privacy notices.
• 431:3A-204 Form of opt out notice to consumers and opt out methods.
• 431:3A-205 Revised privacy notices.
• 431:3A-206 Delivery.

PART III. LIMITS ON DISCLOSURES OF
FINANCIAL INFORMATION

• 431:3A-301 Limits on disclosure of nonpublic personal financial information to nonaffiliated third parties.
• 431:3A-302 Limits on redisclosure and reuse of nonpublic personal financial information.
• 431:3A-303 Limits on sharing account number information for marketing purposes.

PART IV. EXCEPTIONS TO LIMITS ON DISCLOSURES
OF FINANCIAL INFORMATION

• 431:3A-401 Exception to opt out requirements for disclosure of nonpublic personal financial information for service providers and for joint marketing.
• 431:3A-402 Exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information for processing and servicing transactions.
• 431:3A-403 Other exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information.

PART V. ADDITIONAL PROVISIONS

• 431:3A-501 Protection of Fair Credit Reporting Act.
• 431:3A-502 Nondiscrimination.
• 431:3A-503 Violation.
• 431:3A-504 Rules.

ARTICLE 3B
INSURANCE DATA SECURITY LAW
PART I. GENERAL PROVISIONS

• 431:3B-101 Definitions.
• 431:3B-102 Powers of the commissioner.
• 431:3B-103 Confidentiality.
• 431:3B-104 Exceptions.
• 431:3B-105 Penalties.
• 431:3B-106 Private cause of action.
• 431:3B-107 Rules.

PART II. INFORMATION SECURITY PROGRAM

• 431:3B-201 Implementation of an information security program.
• 431:3B-202 Objectives of the information security program; risk assessment.
• 431:3B-203 Risk management.
• 431:3B-204 Oversight by board of directors.
• 431:3B-205 Oversight of third-party service provider arrangements.
• 431:3B-206 Program adjustments.
• 431:3B-207 Incident response plan.
• 431:3B-208 Annual certification to commissioner

PART III. CYBERSECURITY EVENTS

• 431:3B-301 Investigation of a cybersecurity event.
• 431:3B-302 Notification of a cybersecurity event.
• 431:3B-303 Notification to consumers.
• 431:3B-304 Notice regarding cybersecurity events of third-party service providers.
• 431:3B-305 Notice regarding cybersecurity events of reinsures to insurers.
• 431:3B-306 Notice regarding cybersecurity events of insurers to producers of record.

ARTICLE 3D
RISK MANAGEMENT AND OWN RISK AND SOLVENCY ASSESSMENT

• 431:3D-101 Scope and purpose.
• 431:3D-102 Definitions.
• 431:3D-103 Risk management framework.
• 431:3D-104 Own risk and solvency assessment requirement.
• 431:3D-105 Own risk and solvency assessment summary report.
• 431:3D-106 Exemption.
• 431:3D-107 Contents of own risk and solvency assessment summary report.
• 431:3D-108 Confidentiality
• 431:3D-109 Sanctions.
• 431:3D-110 Severability.

ARTICLE 3G
CORPORATE GOVERNANCE ANNUAL DISCLOSURE

• 431:3G-101 Purpose and scope.
• 431:3G-102 Definitions.
• 431:3G-103 Disclosure requirement.
• 431:3G-104 Rules.
• 431:3G-105 Contents of corporate governance annual disclosure.
• 431:3G-106 Confidentiality.
• 431:3G-107 National Association of Insurance Commissioners and third-party consultants.
• 431:3G-108 Sanctions.
• 431:3G-109 Severability.

ARTICLE 4
DOMESTIC INSURERS
PART I. ORGANIZATION, POWERS AND SALE OF SECURITIES OF
DOMESTIC INSURERS

• 431:4-101 Definitions.
• 431:4-102 Types of insurers permitted.
• 431:4-103 Corporation law applies in general.
• 431:4-104 Articles of incorporation.
• 431:4-105 Affidavit.
• 431:4-106 Board of directors.
• 431:4-106.5 Membership in mutual or subscriber in reciprocal insurers; no personal liability of representative.
• 431:4-107 Solicitation permit required.
• 431:4-108 Application for a solicitation permit.
• 431:4-109 Permit issued or denied.
• 431:4-110 Bond or cash deposit.
• 431:4-111 Expiration and contents.
• 431:4-112 Permit not an inducement.
• 431:4-113 Organization solicitor's license.
• 431:4-114 Revocation of solicitation permit.
• 431:4-115 Escrow of funds.
• 431:4-116 Expense pending completion.
• 431:4-117 Issuance and forfeiture of securities.
• 431:4-118 Insurance application.
• 431:4-119 Refund upon failure to complete or qualify or upon revocation of solicitation permit.
• 431:4-120 Subsequent financing.
• 431:4-121 False exhibits.
• 431:4-122 Depositaries.
• 431:4-123 Corrupt practices.
• 431:4-124 Prohibited guaranty.
• 431:4-125 Fees on use of funds.
• 431:4-126 Comply with foreign laws.
• 431:4-127 Solicitation in other states.

PART II. DOMESTIC STOCK INSURERS

• 431:4-201 Other laws applicable.
• 431:4-202 Increase of capital.
• 431:4-203 Decrease of capital.
• 431:4-204 Dividends to stockholders.
• 431:4-205 Illegal dividends; reductions.
• 431:4-206 Repayment of contributed surplus.
• 431:4-207 Participating policies.
• 431:4-208 Statement by beneficial owner, director, officer.
• 431:4-209 Recovery of profits realized.
• 431:4-210 Unlawful sales of equity security.
• 431:4-211 Exempt transactions.
• 431:4-212 Arbitrage transactions not affected.
• 431:4-213 Exempt equity securities.
• 431:4-214 Rules and regulations.

PART IIA. PROXIES, CONSENTS, AND AUTHORIZATIONS
OF DOMESTIC STOCK INSURERS

• 431:4-231 Applicability.
• 431:4-232 Schedule A: information required in a proxy statement.
• 431:4-233 Schedule B: information to be included in statements filed by or on behalf of a participant other than an insurer in a proxy solicitation in an election contest.
• 431:4-234 Proxies, consents, and authorizations.
• 431:4-235 Schedules and exhibits.
• 431:4-236 Disclosure of equivalent information.
• 431:4-237 Definitions.
• 431:4-238 Information to be furnished to stockholders.
• 431:4-239 Requirements as to proxy.
• 431:4-240 Material required to be filed.
• 431:4-241 False or misleading statements.
• 431:4-242 Prohibition of certain solicitations.
• 431:4-243 Election contests; applicability.
• 431:4-244 Filing of information required by schedule B.
• 431:4-245 Solicitations prior to furnishing required written proxy statement.
• 431:4-246 Solicitation prior to furnishing required written proxy statement; filing requirements.
• 431:4-247 Application of this part to annual report.

PART III. DOMESTIC MUTUAL INSURERS

• 431:4-301 Other articles applicable.
• 431:4-302 Initial qualifications for mutual insurers.
• 431:4-303 Mutual property insurer.
• 431:4-304 Mutual casualty insurer.
• 431:4-305 Mutual vehicle insurer.
• 431:4-306 Mutual life insurer.
• 431:4-307 Mutual accident and health or sickness insurer.
• 431:4-308 Membership.
• 431:4-309 Rights of members.
• 431:4-310 Bylaws.
• 431:4-311 Notice of annual meeting.
• 431:4-312 Members proxies.
• 431:4-313 Directors.
• 431:4-314 Limitation on expenses incurred in writing property and casualty
• 431:4-315 Violation of expense limitation.
• 431:4-316 Actions on officers' salaries.
• 431:4-317 Contingent liability of members.
• 431:4-318 Accrual of liability.
• 431:4-319 Contingent liability as asset.
• 431:4-320 Lien on reserves.
• 431:4-321 Nonassessable policies.
• 431:4-322 Applies to all policies.
• 431:4-323 Revocation of authority.
• 431:4-324 Dividends.
• 431:4-325 Nonparticipating policies.
• 431:4-326 Members' share of assets.

PART IV. RECIPROCAL INSURERS

• 431:4-401 Application of other sections.
• 431:4-402 Scope.
• 431:4-403 Insuring powers of reciprocals.
• 431:4-404 Suits.
• 431:4-405 Attorney
• 431:4-406 Power of attorney.
• 431:4-407 Modifications.
• 431:4-408 Organization of reciprocal insurers.
• 431:4-409 Application for authority; declaration required.
• 431:4-410 Policies effective.
• 431:4-411 Attorney's bond.
• 431:4-412 Deposit in lieu.
• 431:4-413 Actions on bond.
• 431:4-414 Subscribers.
• 431:4-415 Subscribers' advisory committee.
• 431:4-416 Subscriber's liability.
• 431:4-417 Subscriber's liability on judgments.
• 431:4-418 Aggregate liability.
• 431:4-419 Assessment.
• 431:4-420 Time limit for assessment.
• 431:4-421 Nonassessable policies.
• 431:4-422 Contributions of surplus.
• 431:4-423 Share in savings.
• 431:4-424 Subscriber's share of assets.
• 431:4-425 REPEALED.

PART V. REORGANIZATION AND CONVERSION OF DOMESTIC INSURERS

• 431:4-501 Reorganization, merger or consolidation.
• 431:4-502 Mutualization of stock insurers.
• 431:4-503 Conversion or reinsurance of mutual insurer.
• 431:4-504 Merger or conversion of reciprocal insurer.

ARTICLE 4A
CREDIT FOR REINSURANCE

• 431:4A-101 Credit allowed a domestic ceding insurer.
• 431:4A-102 Asset or reduction from liability for reinsurance ceded by a domestic insurer to an assuming insurer.
• 431:4A-103 Qualified United States financial institutions.
• 431:4A-104 Rules.
• 431:4A-105 REPEALED.

ARTICLE 4F
STATE OF ENTRY FOR ALIEN INSURERS

• 431:4F-101 Definitions.
• 431:4F-102 Scope.
• 431:4F-103 Authorization of entry.
• 431:4F-104 Maintenance of trust account.
• 431:4F-105 Requirements for trust agreement.
• 431:4F-106 Reporting requirements for United States branches of alien insurers.
• 431:4F-107 Additional requirements for United States branch license.
• 431:4F-108 Authority of commissioner.

ARTICLE 5
FINANCIAL CONDITION
PART I. STANDARDS

• 431:5-101 Impairment of capital.
• 431:5-102 Impairment of surplus.
• 431:5-103 Impairment of reciprocal's surplus.

PART II. ASSETS AND LIABILITIES

• 431:5-201 Qualified assets.
• 431:5-202 Assets not allowed.
• 431:5-203 Liabilities
• 431:5-204 Determining financial condition of reciprocal insurers.

PART III. RESERVES AND VALUATION

• 431:5-301 Unearned premium reserve.
• 431:5-302 Unearned premium reserve for marine and transportation.
• 431:5-303 Active life reserves and unearned premium reserves for noncancellable disability insurance.
• 431:5-304 Loss reserves for liability and workers' compensation insurance.
• 431:5-305 Increased reserves.
• 431:5-306 Reserve credit for reinsurance.
• 431:5-307 Standard valuation law; life.
• 431:5-308 Valuation of bonds.
• 431:5-309 Valuation of other securities.
• 431:5-310 Valuation of property.
• 431:5-311 Valuation of purchase money mortgages.

PART IV. RULES

• 431:5-401 Rules.

ARTICLE 6
INVESTMENTS
PART I. GENERAL PROVISIONS

• 431:6-101 Definitions pertaining to investments.
• 431:6-102 Merged, reorganized institutions.
• 431:6-103 Eligible investments; scope.
• 431:6-104 General qualifications.
• 431:6-105 General limitations.
• 431:6-106 Record of investments.

PART II. MANDATORY PROVISIONS

• 431:6-201 Required investments for capital and reserves.

PART III. PERMITTED INVESTMENTS

• 431:6-301 Public obligations.
• 431:6-302 Corporate obligations.
• 431:6-303 Preferred or guaranteed stocks or shares.
• 431:6-304 Trustees or receivers obligations.
• 431:6-305 Equipment trust obligations.
• 431:6-306 Mortgage loans and contracts.
• 431:6-307 Mortgage loan limited by property value.
• 431:6-308 Encumbrance defined.
• 431:6-309 Appraisal; insurance; limit.
• 431:6-310 Security agreements.
• 431:6-311 Real property owned.
• 431:6-312 Time limit for disposal.
• 431:6-313 Foreign securities.
• 431:6-314 Policy loans.
• 431:6-315 Banks, savings and loan associations, credit unions, and financial services loan companies.
• 431:6-316 Insurance stocks.
• 431:6-317 Common stocks.
• 431:6-318 Collateral loans.
• 431:6-319 Miscellaneous investments.
• 431:6-320 Special consent investments.
• 431:6-321 Hedging transactions.
• 431:6-322 Common trust funds; mutual funds; and exchange traded funds.
• 431:6-323 Separate accounts.
• 431:6-324 Subsidiaries.

PART IV. PROHIBITED INVESTMENTS AND LIMITATIONS

• 431:6-401 Prohibited investments.
• 431:6-402 Securities underwriting; agreements to withhold or to repurchase.
• 431:6-403 Disposal of ineligible property and securities.
• 431:6-404 Authorization of investments.

PART V. INVESTMENT OF FOREIGN AND ALIEN INSURERS

• 431:6-501 Investments of foreign, alien insurers.

PART VI. INVESTMENT POOLS

• 431:6-601 Insurer investment pools.
• 431:6-602 Securities lending, repurchase, reverse repurchase, and dollar roll; investment pools.

ARTICLE 7
FEES, TAXES AND DEPOSITS
PART I. FEES

• 431:7-101 Fees.

PART II. TAXES

• 431:7-201 Annual and monthly tax statements.
• 431:7-202 Taxation.
• 431:7-202.5 Additions to taxes for noncompliance or evasion; interest on underpayments and overpayments. The provisions of section 231-39 shall apply to taxes under this article. [L 1992, c 236, §2]
• 431:7-203 Administrative refunds.
• 431:7-204 In lieu provision.
• 431:7-204.5 Appeals. Notwithstanding section 431:2-308, any person aggrieved by any assessment of the tax for any month or any year may appeal from the assessment in the manner and within the time and in all other respects as provided in section 235-114. [L 1992, c 236, §3; am L 2004, c 123, §12]
• 431:7-204.6 Limitation period for assessment, levy, collection, or refund. (a) The amount of insurance taxes imposed by this chapter shall be assessed or levied within three years after the annual return was filed, or within three years of the due date prescribed for the filing of the return, whichever is later, and no proceeding in court without assessment for the collection of any taxes shall be begun after the expiration of the period. Where the assessment of the tax imposed by this chapter has been made within the period of limitation applicable thereto, the tax may be collected by levy or by a proceeding in court under chapter 231; provided that the levy is made or the proceeding was begun within fifteen years after the assessment of the tax. For any tax that has been assessed prior to July 1, 2009, the levy or proceeding shall be barred after June 30, 2024. Notwithstanding any other provision to the contrary in this section, the limitation on collection after assessment in this section shall be suspended for the period: (1) The taxpayer agrees to suspend the period; (2) The assets of the taxpayer are in control or custody of a court in any proceeding before any court of the United States or any state, and for six months thereafter; (3) An offer in compromise under section 231-3(10) is pending; and (4) During which the taxpayer is outside the State if the period of absence is for a continuous period of at least six months; provided that if at the time of the taxpayer's return to the State the period of limitations on collection after assessment would expire before the expiration of six months from the date of the taxpayer's return, the period shall not expire before the expiration of the six months. In the case of a false or fraudulent return with intent to evade the insurance taxes, or of a failure to file the annual return, the insurance taxes may be assessed or levied at any time; provided that the burden of proof with respect to the issues of falsity or fraud and intent to evade tax shall be upon the State. (b) In t
• 431:7-205 Reports to department of taxation.
• 431:7-206 Domestic company credit for retaliatory taxes paid other states.
• 431:7-207 Tax credit to facilitate regulatory oversight.
• 431:7-208 Low-income housing, insurance premium tax credit.
• 431:7-209 High technology business investment tax credit.

PART III. DEPOSITS

• 431:7-301 Deposits of insurers.
• 431:7-302 Purpose of deposit.
• 431:7-303 Securities eligible for deposit.
• 431:7-304 Record and receipt.
• 431:7-305 Transfer of securities.
• 431:7-306 Director may designate depositary.
• 431:7-307 Responsibility for deposits.
• 431:7-308 Dividends and substitutions.
• 431:7-309 Release of deposit.
• 431:7-310 Voluntary excess deposit.
• 431:7-311 Not subject to levy.

ARTICLE 8
UNAUTHORIZED INSURERS AND SURPLUS LINES

• 431:8-101 Scope.
• 431:8-102 Definitions.

PART II. UNAUTHORIZED INSURERS

• 431:8-201 Transacting insurance business without certificate of authority prohibited.
• 431:8-202 Acting for or aiding unauthorized insurer prohibited.
• 431:8-203 Validity of contracts illegally effectuated.
• 431:8-204 Liability of person assisting unauthorized insurer.
• 431:8-205 Insurance independently procured; duty to report and pay tax.
• 431:8-206 Commissioner may enjoin unauthorized insurers.
• 431:8-207 Legal process against unauthorized insurer; how service of process made.
• 431:8-208 Defense of action by unauthorized insurer; bond.
• 431:8-209 Attorney's fees.
• 431:8-210 Advertising prohibited.
• 431:8-211 Penalties.

PART III. SURPLUS LINES INSURANCE

• 431:8-300 Exemptions from surplus lines law.
• 431:8-301 Insurance placed with unauthorized insurer permitted.
• 431:8-302 Surplus lines insurers.
• 431:8-303, 431:8-304 REPEALED.
• 431:8-305 Evidence of insurance; changes; penalties.
• 431:8-306 Signature of broker and special endorsement of surplus lines policy.
• 431:8-307 Broker's duty to notify insured
• 431:8-308 Surplus lines insurance valid.
• 431:8-309 Effect of payment to surplus lines broker.
• 431:8-310 Surplus lines broker license required; application and qualifications for license.
• 431:8-311 Compensation.
• 431:8-312 Records of surplus lines broker.
• 431:8-313 Surplus lines broker's reports to commissioner.
• 431:8-314 Surplus lines advisory organizations.
• 431:8-315 Tax on surplus lines.
• 431:8-316 Penalty for failure to file statement or remit tax.
• 431:8-317 License denial, nonrenewal, suspension, or revocation.
• 431:8-318 Examination of surplus lines broker's accounts and records
• 431:8-319 Actions against surplus lines insurer; service of process.
• 431:8-320 Penalties.
• 431:8-321 Nonresident licensing.
• 431:8-322 Reciprocity.
• 431:8-323 Exemption from examination.
• 431:8-324 Surplus lines broker license examination
• 431:8-325 Scope of examination.
• 431:8-326 Time of examinations.
• 431:8-327 Prerequisites for license renewal.
• 431:8-328 Continuing education recordkeeping
• 431:8-329 Commissioner's authority to grant waiver.

ARTICLE 9
LICENSING OF ADJUSTERS AND BILL REVIEWERS

• 431:9-101 Scope.
• 431:9-102 to 431:9-104 REPEALED.
• 431:9-105 Definitions.

PART II. LICENSING REQUIREMENTS, PROCEDURES AND ENFORCEMENT

• 431:9-201 License required; exception.
• 431:9-202 REPEALED.
• 431:9-203 General qualifications for license.
• 431:9-204 Applications for license.
• 431:9-205 REPEALED.
• 431:9-206 Examinations for license.
• 431:9-207 Scope of examination
• 431:9-208 Time of examinations.
• 431:9-209 Advisory board.
• 431:9-210 to 431:9-213 REPEALED.
• 431:9-214 REPEALED.
• 431:9-215 to 431:9-219 REPEALED.
• 431:9-220 REPEALED.
• 431:9-221 REPEALED.
• 431:9-222 Qualification for adjuster's license.
• 431:9-222.5 Claims adjusters; limited license.
• 431:9-223 Public adjuster's bond.
• 431:9-224 Separate licenses.
• 431:9-225 Form of adjusters' license.
• 431:9-226 Powers conferred by an adjuster's license.
• 431:9-227 Adjuster; restrictions.
• 431:9-228 Place of business.
• 431:9-229 Records of adjuster or independent bill reviewer
• 431:9-230 Reporting and accounting for funds.
• 431:9-231 REPEALED.
• 431:9-232 Extension of licenses.
• 431:9-233, 431:9-234 REPEALED.
• 431:9-234.5 Reporting of actions.
• 431:9-235 Denial, suspension, revocation of licenses.
• 431:9-235.5 Suspension or denial of license for noncompliance with support order. In addition to any other acts or conditions provided by law, the commissioner shall refuse to renew, reinstate, or restore, or shall deny or suspend any license if the commissioner has received certification from the child support enforcement agency pursuant to the terms of section 576D-13 that the licensee or applicant is not in compliance with an order of support or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding. Unless otherwise provided by law, following receipt of certification pursuant to this section, the commissioner shall renew, reinstate, restore, or grant the license only upon receipt of an authorization from the child support enforcement agency, office of child support hearings, or the family court. Sections 92-17, 431:9-235, 431:9-237, 431:9-238, 431:9-239, and 431:9-240 shall not apply to a refusal to renew, reinstate, or restore a license or to a license suspension or denial pursuant to this section. [L 1997, c 293, §2; am L 2006, c 154, §20]
• 431:9-236 REPEALED.
• 431:9-237 Duration of suspension.
• 431:9-238 Power to fine.
• 431:9-239 Reinstatement or relicensing.
• 431:9-240 Fine in lieu.
• 431:9-241 REPEALED.
• 431:9-242 Compensation by contingency fee prohibited.
• 431:9-243 Qualification for independent bill reviewer's license.
• 431:9-244 Contracts between public adjuster and insured.

PART III. CONTINUING EDUCATION--REPEALED

• 431:9-301 to 431:9-305 REPEALED.

ARTICLE 9A
PRODUCER LICENSING

• 431:9A-101 Scope

ARTICLE 9A OLD
MANAGING GENERAL AGENTS--REPEALED

• 431:9A-101 to 431:9A-108 REPEALED.
• 431:9A-102 Definitions.
• 431:9A-103 License required.
• 431:9A-104 Exceptions to licensing.
• 431:9A-105 Insurance producer license examination
• 431:9A-106 Application for license.
• 431:9A-107 License.
• 431:9A-107.5 Limited license
• 431:9A-108 Nonresident licensing.
• 431:9A-108.5 Process against nonresident licensees
• 431:9A-109 Exemption from examination.
• 431:9A-110 Legal, trade, and assumed names.
• 431:9A-111 Temporary licensing.
• 431:9A-112 License denial, nonrenewal, suspension, or revocation.
• 431:9A-112.3 Suspension or denial of license for noncompliance with support order.
• 431:9A-112.5 Controlled business.
• 431:9A-113 Commissions.
• 431:9A-114 Appointments.
• 431:9A-115 Notification to commissioner of termination.
• 431:9A-116 Reciprocity.
• 431:9A-117 Reporting of actions.
• 431:9A-118 Rules.
• 431:9A-119 Scope of examination.
• 431:9A-120 Time of examinations.
• 431:9A-121 Advisory board.
• 431:9A-122 Place of business.
• 431:9A-123 Records of insurance producer.
• 431:9A-123.5 Reporting and accounting for premiums
• 431:9A-124 Prerequisites for license renewal.
• 431:9A-125 Continuing education recordkeeping.
• 431:9A-126 Power to fine.
• 431:9A-127 Fine in lieu.
• 431:9A-128 Nondiscrimination.
• 431:9A-129 Penalty.
• 431:9A-130 Commissioner's authority to grant waiver.

PART II. LIMITED LINES MOTOR VEHICLE
RENTAL COMPANY PRODUCER

• 431:9A-141 Definitions.
• 431:9A-142 Requirements for license and renewal.
• 431:9A-143 Standard of conduct

Part iii. CONTINUING EDUCATION COURSE PROVIDERS

• 431:9A-151 Continuing education course provider certificate.
• 431:9A-152 Continuing education course provider additional duties.
• 431:9A-153 Courses.
• 431:9A-154 Self-study courses.
• 431:9A-155 Carryover credits.
• 431:9A-156 Course instructors.
• 431:9A-157 Tuition.
• 431:9A-158 Reporting credit hours and recordkeeping.
• 431:9A-159 Advertising.
• 431:9A-160 Advisory committee.

Part IV. Limited Lines Self-Service Storage Stored
Property Insurance

• 431:9A-171 Definitions.
• 431:9A-172 Licensure of owners.
• 431:9A-173 Requirements for sale of stored property insurance.
• 431:9A-174 Authority of owners.
• 431:9A-175 Sanctions for violations.
• 431:9A-176 Application for license and fees.
• 431:9A-177 Standard of conduct

ARTICLE 9B
REINSURANCE INTERMEDIARY

• 431:9B-101 Definitions.
• 431:9B-102 Licensure.
• 431:9B-103 Required contract provisions; reinsurance intermediary-brokers.
• 431:9B-104 Books and records; reinsurance intermediary-brokers.
• 431:9B-105 Duties of insurers utilizing the services of a reinsurance intermediary-broker.
• 431:9B-106 Required contract provisions; reinsurance intermediary-managers.
• 431:9B-107 Prohibited acts.
• 431:9B-108 Duties of reinsurers utilizing the services of a reinsurance intermediary-manager.
• 431:9B-109 Examination authority.
• 431:9B-110 Penalties and liabilities.
• 431:9B-111 Rules.

ARTICLE 9C
MANAGING GENERAL AGENTS

• 431:9C-101 Definitions.
• 431:9C-102 Licensure.
• 431:9C-103 Required contract provisions
• 431:9C-104 Duties of insurers.
• 431:9C-105 Examination authority.
• 431:9C-106 Penalties and liabilities.
• 431:9C-107 Rules.

ARTICLE 9J
THIRD PARTY ADMINISTRATORS

• 431:9J-101 Definitions.
• 431:9J-102 License required; application.
• 431:9J-103 Surety bond required.
• 431:9J-104 Written agreement required.
• 431:9J-105 Effect of payments to administrator.
• 431:9J-106 Recordkeeping required; commissioner's access to records.
• 431:9J-107 Advertising by administrator.
• 431:9J-108 Fiduciary duties of administrator; payment of claims by administrator.
• 431:9J-109 Compensation of administrator.
• 431:9J-110 Written notice to insureds required.
• 431:9J-111 Delivery of written information to insured.
• 431:9J-112 Annual report required.
• 431:9J-113 License denial, nonrenewal, suspension, or revocation; fines.
• 431:9J-114 Rules.

article 9N
Bail agents; sureties

• 431:9N-101 Definitions.
• 431:9N-102 License denial, nonrenewal, suspension, or revocation; trade name bar.
• 431:9N-103 Fiduciary responsibilities.
• 431:9N-104 Bail agent not to act as attorney.

ARTICLE 10
INSURANCE CONTRACTS GENERALLY
PART I. READABILITY OF INSURANCE CONTRACTS

• 431:10-101 Scope; effective dates.
• 431:10-102 Definitions.
• 431:10-103 Exemptions of certain contracts.
• 431:10-104 General readability requirements.
• 431:10-105 Required reading test; authorization and availability.
• 431:10-106 Flesch reading ease test; procedures.
• 431:10-107 Filing of certificate.
• 431:10-108 Flesch reading ease score; lower score authorized; when.
• 431:10-109 Disclosure of health care coverage and benefits.

PART II. GENERAL RULES

• 431:10-201 Scope.
• 431:10-202 Definitions.
• 431:10-203 Power to contract.
• 431:10-204 Insurable interest required; personal insurances.
• 431:10-205 Interest of the insured.
• 431:10-206 Application for insurance: consent of insured required.
• 431:10-207 Alteration of application.
• 431:10-208 Limitations on use of application as evidence.
• 431:10-209 Warranties, misrepresentations in applications.
• 431:10-210 Standard form fire insurance policy.
• 431:10-211 Content of policies in general.
• 431:10-211.3 Commercial general liability extended reporting requirements.
• 431:10-211.5 Premium waiver provisions; restrictions.
• 431:10-212 Contract limitations for handicapped children and children with intellectual disabilities.
• 431:10-213 REPEALED.
• 431:10-214 Right to return policy.
• 431:10-215 Readjustment of premiums; dividends.
• 431:10-216 Additional contents.
• 431:10-217 Charter, bylaw provisions.
• 431:10-217.5 Policies relating to domestic abuse cases. (a) No insurer shall deny or refuse to accept an application for insurance, refuse to insure, refuse to renew, cancel, restrict, or otherwise terminate a policy of insurance, or charge a different rate for the same coverage, on the basis that the applicant or insured person is, has been, or may be a victim of domestic abuse. (b) Nothing in this section shall prevent an insurer from taking any of the actions set forth in subsection (a) on the basis of loss history or medical condition or for any other reason not otherwise prohibited by this section, any law, regulation, or rule. (c) Any form filed or filed after July 15, 1998 or subject to a rule adopted under chapter 91 may exclude coverage for losses caused by intentional or fraudulent acts of any insured. Such an exclusion, however, shall not apply to deny an insured's otherwise-covered property loss if: (1) The property loss is caused by an act of domestic abuse by another insured under the policy; (2) The insured claiming property loss files a police report and cooperates with any law enforcement investigation relating to the act of domestic abuse; and (3) The insured claiming property loss did not cooperate in or contribute to the creation of the property loss. Payment by the insurer to an insured may be limited to the person's insurable interest in the property less payments made to a mortgagee or other party with a legal secured interest in the property. An insurer making payment to an insured under this section has all rights of subrogation to recover against the perpetrator of the act that caused the loss. (d) Nothing in this section prohibits an insurer from investigating a claim and complying with chapter 431. (e) As used in this section, "domestic abuse" means: (1) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; (2) Sexual assault of one family or household member by another; (3) Stalking of on
• 431:10-218 Stated premium must include all charges.
• 431:10-219 Multi-peril policies, premiums stated separately.
• 431:10-220 Policy must contain entire contract.
• 431:10-221 Prohibited policy provisions: limiting actions and jurisdictions.
• 431:10-222 Construction industry; indemnity agreements invalid.
• 431:10-222.5 Pooled insurance.
• 431:10-223 Underwriters and combination policies.
• 431:10-224 Execution of policies.
• 431:10-225 Delivery of policy.
• 431:10-226 Renewal of policy; new policy not required.
• 431:10-226.5 Notice of cancellation or nonrenewal.
• 431:10-227 Retroactive annulment of liability policies prohibited.
• 431:10-228 Assignment of policies.
• 431:10-229 Dividends payable to the real party.
• 431:10-230 Payment discharges insurer.
• 431:10-231 Exemption of proceeds; accident and health or sickness.
• 431:10-232 Exemption of proceeds; life, endowment and annuity.
• 431:10-233 Exemption of proceeds; group life.
• 431:10-234 Spouses' and reciprocal beneficiaries' right in life insurance policy.
• 431:10-235 Forms for proof of loss furnished.
• 431:10-236 Claim administration not waiver.
• 431:10-237 Construction of policies.
• 431:10-238 Validity of noncomplying forms.
• 431:10-239 Intervening breach.
• 431:10-240 Insurance contracts; punitive damages.
• 431:10-241 Venue in certain actions.
• 431:10-242 Policyholder and other suits against insurer.
• 431:10-243 Interest upon proceeds of life insurance policies.
• 431:10-244 Filing procedure for contracts approved by commissioner.

ARTICLE 10A
ACCIDENT AND HEALTH OR SICKNESS INSURANCE CONTRACTS

• 431:10A-101 Applications and exceptions.
• 431:10A-102 Accident and health or sickness insurance policy defined.
• 431:10A-102.5 REPEALED.
• 431:10A-103 Family coverage defined.
• 431:10A-104 Form of policy.
• 431:10A-105 Required provisions.
• 431:10A-105.3 Association health plan policy; compliance with state law.
• 431:10A-105.5 Federal law compliance.
• 431:10A-105.6 Prohibition on rescissions of coverage. (a) Notwithstanding sections 431:10-226.5 and 431:10A-106 to the contrary, a group health plan or health insurance insurer shall not rescind coverage under a health benefit plan with respect to an individual, including a group to which the individual belongs or family coverage in which the individual is included, after the individual is covered under the plan, unless: (1) The individual or a person seeking coverage on behalf of the individual performs an act, practice, or omission that constitutes fraud; (2) The individual makes an intentional misrepresentation of material fact as prohibited by the terms of the plan or coverage; or (3) The individual fails to timely pay required premiums or contributions toward the cost of coverage; provided that the rescission is in compliance with federal regulations. As used in this subsection, "a person seeking coverage on behalf of the individual" shall not include an insurance producer or employee or authorized representative of the health carrier. (b) A health carrier shall provide at least thirty days advance written notice to each plan enrollee or, for individual health insurance coverage, to each primary subscriber, who would be affected by the proposed rescission of coverage before coverage under the plan may be rescinded in accordance with subsection (a) regardless of whether, in the case of group health insurance coverage, the rescission applies to the entire group or only to an individual within the group. (c) This section applies regardless of any applicable contestability period. [L 2014, c 186, §1]
• 431:10A-105.7 Required disclaimer.
• 431:10A-106 Optional provisions.
• 431:10A-107 Inapplicable or inconsistent provisions.
• 431:10A-108 Order of certain policy provisions.
• 431:10A-109 Third party ownership.
• 431:10A-110 Requirements of other jurisdictions.
• 431:10A-111 Other policy provisions.
• 431:10A-112 Policy conflicting with this part.
• 431:10A-113 Filing procedure.
• 431:10A-114 Age limit.
• 431:10A-115 Coverage of newborn children.
• 431:10A-115.5 Coverage for child health supervision services. (a) All health insurance policies issued in this State which provide coverage for the children of the insured shall provide coverage for child health supervision services from the moment of birth through age five years. These services shall be exempt from any deductible provisions, and immunizations shall be exempt from any copayment provisions, which may be in force in these policies or contracts. (b) Child health supervision services shall include twelve visits at approximately the following intervals: birth; two months; four months; six months; nine months; twelve months; fifteen months; eighteen months; two years; three years; four years; and five years. Services to be covered at each visit shall include a history, physical examination, developmental assessment, anticipatory guidance, immunizations, and laboratory tests, in keeping with prevailing medical standards. For purposes of this subsection, the term "prevailing medical standards" means the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services and the American Academy of Pediatrics; provided that if the recommendations of the committee and the academy differ, the department of health shall determine which recommendations shall apply. (c) Minimum benefits may be limited to one visit payable to one provider for all of the services provided at each visit cited in this section, except that the limitations authorized by this subsection shall not apply to immunizations recommended by the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services and the American Academy of Pediatrics; provided that if the recommendations of the committee and the academy differ, the department of health shall determine which recommendations shall apply. (d) This section does not apply to disability income, specified disease, medicare supplement, or hospital indemnity policies. (e) For the purposes o
• 431:10A-116 Coverage for specific services.
• 431:10A-116.2 Mammograms; referral not required.
• 431:10A-116.3 Coverage for telehealth.
• 431:10A-116.5 In vitro fertilization procedure coverage.
• 431:10A-116.6 Contraceptive services.
• 431:10A-116.7 Contraceptive services; religious employers exemption.
• 431:10A-117 Franchise plan.
• 431:10A-118 Genetic information nondiscrimination in accident and health or sickness insurance coverage
• 431:10A-118.3 Nondiscrimination on the basis of actual gender identity or perceived gender identity; coverage for services.
• 431:10A-119 Hospice care coverage.
• 431:10A-120 Medical foods and low-protein modified food products; treatment of inborn error of metabolism; notice.
• 431:10A-121 Coverage for diabetes.
• 431:10A-122 Colon cancer screening coverage.
• 431:10A-125 Primary care provider; advanced practice registered nurse.
• 431:10A-126 Cancer treatment.
• 431:10A-131 REPEALED.
• 431:10A-132 Orthodontic services for orofacial anomalies; benefits and coverage; notice.
• 431:10A-133 Autism benefits and coverage; notice; definitions.
• 431:10A-134 Human immunodeficiency virus and acquired immunodeficiency syndrome screening coverage.
• 431:10A-140 Formulary; accessibility requirements.
• 431:10A-141 Extension of dependent coverage.
• 431:10A-142 Prohibition of preexisting condition exclusions.
• 431:10A-143 Prohibited discrimination in premiums or contributions.
• 431:10A-144 Reimbursement to providers.

PART II. GROUP AND BLANKET DISABILITY INSURANCE

• 431:10A-201 Definitions.
• 431:10A-202 Health care groups.
• 431:10A-203 Standard provisions.
• 431:10A-204 Optional provision, examination and autopsy.
• 431:10A-205 Payment of benefits.
• 431:10A-206 Coverage of newborn children.
• 431:10A-206.5 Coverage for child health supervision services. (a) All accident and health or sickness insurance policies issued in this State that provide coverage for the children of the insured shall provide coverage for child health supervision services from the moment of birth through age five years. These services shall be exempt from any deductible provisions, and immunizations shall be exempt from any copayment provisions, which may be in force in these policies or contracts. (b) Child health supervision services shall include twelve visits at approximately the following intervals: birth; two months; four months; six months; nine months; twelve months; fifteen months; eighteen months; two years; three years; four years; and five years. Services to be covered at each visit shall include a history, physical examination, developmental assessment, anticipatory guidance, immunizations, and laboratory tests, in keeping with prevailing medical standards. For purposes of this subsection, the term "prevailing medical standards" means the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services and the American Academy of Pediatrics; provided that if the recommendations of the committee and the academy differ, the department of health shall determine which recommendations shall apply. (c) Minimum benefits may be limited to one visit payable to one provider for all of the services provided at each visit cited in this section, except that the limitations authorized by this subsection shall not apply to immunizations recommended by the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services and the American Academy of Pediatrics; provided that if the recommendations of the committee and the academy differ, the department of health shall determine which recommendations shall apply. (d) This section does not apply to disability income, specified disease, medicare supplement, or hospital indemnity policies
• 431:10A-207 Coverage for specific services.
• 431:10A-208 Qualified medical child support order.
• 431:10A-209 Association health plan policy; compliance with state law.
• 431:10A-210 Extension of dependent coverage.
• 431:10A-211 Prohibition of preexisting condition exclusions.
• 431:10A-212 Prohibited discrimination in premiums or contributions.

PART III. MEDICARE SUPPLEMENT POLICIES

• 431:10A-301 Definitions.
• 431:10A-302 Applicability and scope.
• 431:10A-303 REPEALED.
• 431:10A-304 Standards for policy provisions.
• 431:10A-305 Rules.
• 431:10A-306 Loss ratio standards.
• 431:10A-307 Disclosure standards.
• 431:10A-308 Notice of free examination.
• 431:10A-309 Filings; approval of forms.
• 431:10A-310 Filing requirements for advertising.
• 431:10A-311 Penalties.
• 431:10A-312 Severability.

PART IV. EXTENDED HEALTH INSURANCE

• 431:10A-401 Purpose.
• 431:10A-402 Definitions.
• 431:10A-403 Association of insurers; policyholder; policy.
• 431:10A-404 Persons authorized to transact insurance.
• 431:10A-404.5 Genetic information nondiscrimination in extended health insurance coverage.
• 431:10A-405 Association; powers, process; examination.
• 431:10A-406 Forms; rates; approval.
• 431:10A-407 Duplication of benefits; adjustment.
• 431:10A-408 Annual report filed by association.
• 431:10A-409 Articles of association; agent, membership list; deception.
• 431:10A-410 Violation of other laws.

PART V. LONG-TERM CARE INSURANCE--REPEALED

• 431:10A-521 to 431:10A-531 REPEALED.

PART VI. MISCELLANEOUS PROVISIONS

• 431:10A-601 Reciprocal beneficiary family coverage defined; policyholder and employer responsibility for costs; availability.
• 431:10A-602 Federally funded programs; exemption.
• 431:10A-603 Self-employed persons, exemption.
• 431:10A-604 Bona fide trade associations.
• 431:10A-605 Short-term, limited-duration health insurance.
• 431:10A-606 Medication synchronization; proration; dispensing fees.
• 431:10A-607 Limited benefit health insurance

ARTICLE 10B
CREDIT LIFE INSURANCE
AND CREDIT DISABILITY INSURANCE

• 431:10B-101 Purpose.
• 431:10B-102 Scope
• 431:10B-103 Definitions.
• 431:10B-104 Forms of credit life insurance and credit disability insurance
• 431:10B-105 Amount of credit life insurance and credit disability insurance.
• 431:10B-106 Term of credit life and credit disability insurance.
• 431:10B-107 Provisions of policies and certificates of insurance: disclosure to debtors.
• 431:10B-108 Filing, approval, and withdrawal of forms and premium rates.
• 431:10B-109 Premiums and refunds.
• 431:10B-110 Issuance of policies.
• 431:10B-111 Claims.
• 431:10B-112 Existing insurance and choice of insurer.
• 431:10B-113 Enforcement.
• 431:10B-114 Penalties.

ARTICLE 10C
MOTOR VEHICLE INSURANCE

• 431:10C-101 Short title.
• 431:10C-102 Purpose.
• 431:10C-103 Definitions.
• 431:10C-103.5 Personal injury protection benefits; defined; limits.
• 431:10C-103.6 Personal injury protection benefits tied to prepaid health care plan for description of coverage only.
• 431:10C-104 Conditions of operation and registration of motor vehicles.
• 431:10C-104.5 REPEALED.
• 431:10C-105 Self-insurance.
• 431:10C-106 Specialty insurers not prohibited.
• 431:10C-107 Verification of insurance: motor vehicles.
• 431:10C-108 Unlawful use of motor vehicle insurance identification card.
• 431:10C-109 Motor vehicle insurance identification card after cancellation of policy; return to insurer, civil sanctions.
• 431:10C-110 Rejection of application, joint underwriting plan placement.
• 431:10C-110.5 Replacing motor vehicle insurance policy through an insurer's affiliate or subsidiary.
• 431:10C-111 Cancellation and nonrenewal of policies: when prohibited, when permitted.
• 431:10C-111.5 Limit on nonrenewals and conditional renewals.
• 431:10C-112 Notice of cancellation or nonrenewal; effect on term of coverage.
• 431:10C-112.5 Notice of cancellation for insurer ceasing to issue motor vehicle insurance policies. Any insurer authorized to issue motor vehicle insurance policies, which ceases to engage in the motor vehicle insurance business in this State, shall give written notice to each insured not less than sixty days prior to the effective date of closing its business. [L 1992, c 123, pt of §1; am L 1997, c 251, §23]
• 431:10C-113 Violation of rejection, cancellation and nonrenewal provisions.
• 431:10C-114 Insured's obligations upon termination of insurance.
• 431:10C-115 Drivers education fund underwriters fee.
• 431:10C-115.5 REPEALED.
• 431:10C-115.6 Disclosure of personal injury protection limits and payments. Every insurer shall advise every person entitled to personal injury protection benefits, as defined in section 431:10C-103.5(a), of the maximum amount of personal injury protection benefits available under the policy within thirty days of receiving an initial notice, claim, or application for personal injury protection benefits. The disclosure of personal injury protection policy limits shall include a description of the nature of personal injury protection benefits, matters covered by personal injury protection benefits, and the procedure for submitting personal injury protection claims. [L 1992, c 123, pt of §1; am L 1997, c 251, §25]
• 431:10C-115.7 Plain language billings. A bill for a new and renewal policy or a notification included with the bill for the payment of premiums shall clearly identify each coverage in the policy, with the price of each coverage specified. [L 1997, c 251, pt of §2]
• 431:10C-116 Challenges to motor vehicle insurance law; intervention by attorney general.
• 431:10C-117 Penalties.
• 431:10C-117.5 Additional civil liability.
• 431:10C-118 Fee in lieu of fine; defense.
• 431:10C-119 Insurer's requirements.
• 431:10C-120 Prohibitions, penalty.
• 431:10C-121 Severability.
• 431:10C-122 Payment of general excise tax and certificate of ownership fee on third-party claims.

PART II. RATES AND ADMINISTRATION

• 431:10C-201 Motor vehicle insurance rates generally.
• 431:10C-202 Making of motor vehicle insurance rates.
• 431:10C-202.5 Immediate rate freeze; rate reduction; relief.
• 431:10C-203 Rate filings.
• 431:10C-204 REPEALED.
• 431:10C-205 Rate review: request by aggrieved party.
• 431:10C-206 REPEALED.
• 431:10C-206.5 Group insurance plans. (a) Notwithstanding section 431:12-104(a), any insurer may issue any insurance coverage on a group plan, without restriction as to the purpose of the group, occupation, or type of group. Group insurance rates shall not be considered to be unfairly discriminatory, if they are averaged broadly among other persons insured under the group plan. (b) This section is additional to article 12 and other provisions of law, with the exception of section 431:12-104(a), relating to group insurance. [L 1997, c 251, pt of §2; am L 1998, c 275, §13]
• 431:10C-207 Discriminatory practices prohibited.
• 431:10C-208 Increase in premiums prohibited.
• 431:10C-209 Rate administration.
• 431:10C-209.5 REPEALED.
• 431:10C-210 Publication of premium information.
• 431:10C-211 Attorney's fees.
• 431:10C-212 Administrative hearing on insurer's denial of claim.
• 431:10C-213 Arbitration.
• 431:10C-213.5 Binding arbitration. (a) A claimant or defendant shall have the option to elect arbitration to resolve a claim in tort that is covered by motor vehicle liability insurance. (b) A claimant or defendant may submit any dispute relating to a tort claim to binding arbitration by either filing a written request with the clerk of the circuit court in the circuit where the accident occurred or by agreement. (c) A claimant or defendant shall have the opportunity to decline arbitration. (d) Except as otherwise provided herein, arbitration shall be in accordance with and governed by chapter 658A. (e) Fees and costs of arbitration shall be borne equally by the parties, unless otherwise agreed to by the parties. (f) Collection of any arbitration award issued under this section shall be limited to the applicable liability policy limit, unless the insured tortfeasor otherwise agrees. (g) The amount of an arbitration award under this section shall not be binding on a subsequent underinsured motorist claim. [L 1998, c 275, §3; am L 2000, c 181, §1; am L 2001, c 265, §4]
• 431:10C-214 Administration.
• 431:10C-215 Inspection and audit.
• 431:10C-216 Annual review.
• 431:10G-201 Making of motorcycle and motor scooter insurance rates.
• 431:10G-202 Rate filings.
• 431:10G-203 Rate review: request by aggrieved party.
• 431:10G-204 Rate review: rate methods in noncompliance with article.
• 431:10G-206 Rate administration.

PART III. COVERAGES AND RIGHTS

• 431:10C-301 Required motor vehicle policy coverage.
• 431:10C-301.5 Covered loss deductible.
• 431:10C-302 Required optional additional insurance.
• 431:10C-302.5 Managed care option.
• 431:10C-303 Right to personal injury protection benefits.
• 431:10C-303.5 U-drive insurance policy; primary. (a) A U-drive motor vehicle insurance policy shall be primary; provided that its bodily injury and property damage liability coverages shall be secondary to the operator's or renter's motor vehicle insurance policy if: (1) The U-drive rental business provides any claimant or person sustaining accidental harm or damages, as a result of the operation of the rental vehicle, the identity and address of the operator or renter, along with any information available to the U-drive rental business as to the identity and address of any insurer under any liability policies applicable to the operator or renter; provided that the U-drive rental business shall make reasonable efforts to obtain such information; (2) A suit may be filed and service upon the responsible operator or renter can be effectuated; and (3) An insurer responds on behalf of the operator or renter to a claim or suit. (b) In cases where the U-drive motor vehicle insurance policy is primary because of: (1) A failure of a renter or operator to cooperate with the U-drive rental business in providing the information described in subsection (a)(1); (2) The failure to file suit and effectuate service as described in subsection (a)(2); or (3) The failure of an insurer to respond as described in subsection (a)(3) or defend a claim or pay required benefits or a judgment; the U-drive rental business may recover from the renter, operator, or insurer, the sums the U-drive rental business expended in payments or benefits, along with reasonable attorneys' fees and expenses. [L 1997, c 251, pt of §2; am L 1998, c 275, §20] Case Notes Even if certain defendants were secondarily liable, this statute seemed to preclude such a finding until after plaintiff had prosecuted claims against the vehicle renter's auto insurance company, the primary source of coverage for bodily injury and property damages. Plaintiff's bodily injury and property damage claims against those defendants should be dismissed without prejudice; plaintiff must fi
• 431:10C-304 Obligation to pay personal injury protection benefits.
• 431:10C-305 Source of payment.
• 431:10C-305.5 Right to reimbursement of deductible paid; when.
• 431:10C-306 Abolition of tort liability.
• 431:10C-307 Reimbursement of duplicate benefits.
• 431:10C-307.7 REPEALED.
• 431:10C-307.8 REPEALED.
• 431:10C-308 REPEALED.
• 431:10C-308.5 Limitation on charges.
• 431:10C-308.6 REPEALED.
• 431:10C-308.7 Client-patient referrals, health care provider practices prohibited. (a) An attorney or a law firm of which the attorney is a member or by which the attorney is employed may not establish a pattern of consistently referring clients to the same health care provider as a result of any accidental harm which is subject to benefits under this article, and a health care provider may not establish a pattern of consistently referring patients to the same attorney or law firm as a result of any accidental harm which is subject to benefits under this article. Any attorney, or any attorney from the law firm of which the attorney is a member or by which the attorney is employed, and that health care provider engaged in such pattern shall be presumed to be in violation of this section. As used in this section, "law firm" means any sole proprietorship, partnership, corporation, or other entity having members or employees who engage in the practice of law in this State. (b) No health care provider shall engage in, or agree or offer to engage in, fee splitting. For the purposes of this subsection, "fee splitting" means the payment, or acceptance of payment, by a health care provider, of any portion of a health care fee, or a commission, in return for the referral of a patient for any service or treatment for which personal injury protection benefits are provided under this chapter. (c) No health care provider shall refer, for any service or treatment authorized under this chapter, a patient to any entity in which the referring provider has a financial interest unless the referring provider has disclosed that financial interest to the patient. For the purposes of this section "financial interest" shall mean an ownership or investment interest through debt, equity, or any other means. "Financial interest" does not refer to salary or other compensation paid to physicians by a health maintenance organization, or any compensation arrangement involving payment by a group practice which contracts
• 431:10C-309 Total loss motor vehicle claims.
• 431:10C-310 Total loss motor vehicle claims: replacement.
• 431:10C-311 Total loss motor vehicle claims: cash settlement.
• 431:10C-312 Payment of excise tax and certificate of ownership fee.
• 431:10C-313 Insurer practices regarding loss of use, storage and towing, and betterment.
• 431:10C-313.5 Preferred repair provider. An insurer may have a preferred repair provider program. All insurers having such a program shall: (1) Make appropriate rate filings with the insurance commissioner to reflect the reduced premiums; and (2) Offer a choice of no less than two preferred repair providers to the claimant, if available. [L 1997, c 251, pt of §2]
• 431:10C-313.6 Original equipment manufacturer's and like kind and quality parts. (a) An insurer shall make available a choice to the insured of authorizing a repair provider to utilize a like kind and quality part of an equal or better quality than the original equipment manufacturer part if such part is available or an original equipment manufacturer part for motor vehicle body repair work. If the insured or claimant chooses the use of an original equipment manufacturer part, the insured or claimant shall pay the additional cost of the original equipment manufacturer part that is in excess of the equivalent like kind and quality part, unless original equipment parts are required by the vehicle manufacturer's warranty. (b) A like kind and quality part under subsection (a), of an equal or better quality than the original equipment manufacturer part, shall carry a guarantee in writing for the quality of the like kind and quality part for not less than ninety days or for the same guarantee period as the original equipment manufacturer part, whichever is longer. The guarantee shall be provided by the insurer. (c) Like kind and quality parts, certified or approved by governmental or industry organizations, shall be utilized if available. [L 1997, c 251, pt of §2]
• 431:10C-314 Jurisdiction.
• 431:10C-315 Statute of limitations.
• 431:10G-301 Required motorcycle and motor scooter policy coverage.

PART IV. JOINT UNDERWRITING PLAN
Subpart A. Participation and Administration

• 431:10C-401 Participation.
• 431:10C-402 Bureau.
• 431:10C-403 Bureau's duties.
• 431:10C-404 Allocation of costs.
• 431:10C-405 Board of governors.
• 431:10C-406 Regulations, review, and appellate procedure.

Subpart B. Coverages and Assignment of Claims

• 431:10C-407 Classifications.
• 431:10C-408 Assigned claims.

Subpart C. Rates

• 431:10C-409 Establishment and criteria.
• 431:10C-410 Schedules.
• 431:10C-411 Optional additional coverages.
• 431:10C-412 Adjustment and refund

PART V. MOTORCYCLES AND MOTOR SCOOTERS--REPEALED

• 431:10C-501 to 431:10C-504 REPEALED.

PART VI. SELF-INSURER REQUIREMENTS

• 431:10C-601 Agreement.
• 431:10C-602 Surety bond or deposit of security; proof of financial ability.
• 431:10C-603 Proof of ability to process and pay claims promptly.
• 431:10C-604 Issuance of certificate of self-insurance.
• 431:10C-605 Duty to notify commissioner.
• 431:10C-606 Duration of certification.
• 431:10C-607 Revocation of certificate of self-insurance.
• 431:10C-608 Termination of self-insurer status and withdrawal of security deposit.

Part VII. transportation network companies

• 431:10C-701 Definitions.
• 431:10C-702 Relation to other laws.
• 431:10C-703 Transportation network company and transportation network company driver; disclosure; limitations; insurance requirements.
• 431:10C-704 Records.
• 431:10C-705 Disclaimers, waiver of liability, and indemnity agreements invalid.

Part VIII. PEER-TO-PEER CAR-SHARING INSURANCE

• 431:10C-801 Definitions.
• 431:10C-802 Insurance coverage during car-sharing period.
• 431:10C-803 Exclusions in motor vehicle insurance policies.
• 431:10C-804 Recordkeeping; use of vehicle in peer-to-peer car-sharing.
• 431:10C-805 Right of recovery from peer-to-peer car-sharing program or its motor vehicle insurer.
• 431:10C-806 Insurable interest.
• 431:10C-807 Required disclosures and notices.

ARTICLE 10D
LIFE INSURANCE AND ANNUITIES

• 431:10D-101 Scope.
• 431:10D-102 Standard provisions required.
• 431:10D-103 Policy loan interest rates for policies issued after June 22, 1982.
• 431:10D-104 Standard nonforfeiture law for life insurance.
• 431:10D-105 Annuities and pure endowment contracts; standard provisions required.
• 431:10D-106 Reversionary annuities; standard provisions required.
• 431:10D-107 Standard nonforfeiture law; individual deferred annuities.
• 431:10D-108 Limitation of liability.
• 431:10D-109 Scope of incontestable clauses.
• 431:10D-110 Incontestability after reinstatement.
• 431:10D-111 Premium deposits.
• 431:10D-112 Policy settlements.
• 431:10D-113 Indebtedness deducted from proceeds.
• 431:10D-114 Miscellaneous proceeds.
• 431:10D-115 Dealing in dividends.
• 431:10D-116 Prohibited policy plans.
• 431:10D-117 Life franchise plan.
• 431:10D-118 Variable contracts.

PART II. GROUP LIFE INSURANCE

• 431:10D-201 Group life insurance requirements.
• 431:10D-202 Employee groups.
• 431:10D-203 Debtor groups.
• 431:10D-204 Labor union groups.
• 431:10D-205 Trustee groups.
• 431:10D-206 Agent groups.
• 431:10D-207 Public employee association groups.
• 431:10D-208 Mutual benefit society groups.
• 431:10D-209 Professional association groups.
• 431:10D-210 Occupation, industry, or trade association groups.
• 431:10D-211 Credit union groups.
• 431:10D-211.5 Other groups; limits.
• 431:10D-212 Spouses and dependents of insured individuals.
• 431:10D-213 Standard provisions required.
• 431:10D-214 Notice to insured regarding conversion right.
• 431:10D-215 Assignment of policies.

PART III. INDUSTRIAL LIFE INSURANCE

• 431:10D-301 Scope.
• 431:10D-302 General life insurance provisions applicable.
• 431:10D-303 Industrial life insurance defined.
• 431:10D-304 Compliance required.
• 431:10D-305 Standard provisions required.
• 431:10D-306 Title on policy.
• 431:10D-307 Beneficiary.
• 431:10D-308 Facility of payment.
• 431:10D-309 Premiums paid direct.
• 431:10D-310 Application to term and specified insurance.
• 431:10D-311 Crediting of dividends.
• 431:10D-312 Prohibited provisions.
• 431:10D-313 Limitation of liability.

PART IV. LIFE INSURANCE POLICY ILLUSTRATIONS

• 431:10D-401 Scope.
• 431:10D-402 Definitions.
• 431:10D-403 Policies to be illustrated.
• 431:10D-404 General requirements and prohibitions.
• 431:10D-405 Standards for basic illustrations.
• 431:10D-406 Standards for supplemental illustrations.
• 431:10D-407 Delivery of illustration and record retention.
• 431:10D-408 Annual reports and notice to policy owners.
• 431:10D-409 Annual certifications.
• 431:10D-410 Penalties.
• 431:10D-411 Authority to adopt rules.
• 431:10D-412 REPEALED.

PART V. REPLACEMENT OF LIFE INSURANCE POLICIES AND ANNUITIES

• 431:10D-501 Purpose and scope.
• 431:10D-502 Definitions.
• 431:10D-503 Duties of producers.
• 431:10D-504 Duties of insurers that use producers.
• 431:10D-505 Duties of replacing insurers that use producers.
• 431:10D-506 Duties of the existing insurer.
• 431:10D-507 Duties of insurers with respect to direct-response solicitations. "NOTICE REGARDING REPLACEMENT
• 431:10D-508 Violations and penalties.
• 431:10D-509 Authority to adopt rules.
• 431:10D-510 REPEALED.

PART VI. ANNUITY DISCLOSURE

• 431:10D-601 Definitions.
• 431:10D-602 Applicability of standards for disclosure.
• 431:10D-603 Standards for the disclosure document and buyer's guide.
• 431:10D-604 Report to contract owners.
• 431:10D-605 Penalties.

Part VII. SUITABILITY IN ANNUITY TRANSACTIONS

• 431:10D-621 Scope.
• 431:10D-622 Definitions.
• 431:10D-623 Duties of insurers and producers.
• 431:10D-624 Compliance mitigation; penalties; enforcement.
• 431:10D-625 Recordkeeping.
• 431:10D-626 Producer training.
• 431:10D-627 Care obligation of insurers and producers.
• 431:10D-628 Disclosure obligation of insurers and producers.
• 431:10D-629 Conflicts of interest obligation of insurers and producers.
• 431:10D-630 Documentation obligation of insurers and producers.

PART VIII. USE OF SENIOR-SPECIFIC CERTIFICATIONS
AND PROFESSIONAL DESIGNATIONS

• 431:10D-641 Purpose.
• 431:10D-642 Prohibited uses of senior-specific certifications and professional designations.

Part IX. Unclaimed life insurance benefits act

• 431:10D-651 Short title.
• 431:10D-652 Purpose.
• 431:10D-653 Definitions.
• 431:10D-654 Insurer conduct.

ARTICLE 10E
PROPERTY INSURANCE
PART I. INSURABLE INTEREST IN PROPERTY;
OVER-INSURANCE

• 431:10E-101 Insurable interest in property required.
• 431:10E-102 Over-insurance prohibited; exceptions.
• 431:10E-103 Exceptions.

PART II. HOMEOWNERS INSURANCE CLAIMS HISTORY

• 431:10E-121 Purpose.
• 431:10E-122 Scope; effective dates.
• 431:10E-123 Definitions.
• 431:10E-124 Use of inquiries and other information.

PART III. LAVA ZONES

• 431:10E-141 Lava zone defined.
• 431:10E-142 Provisions for properties in lava zones in the county of Hawaii.

PART IV. COVERAGES

• 431:10E-151 Notice requirement.
• 431:10E-152 Extended coverage.

ARTICLE 10F
SURETY INSURANCE

• 431:10F-101 Requirements deemed met by surety insurer.
• 431:10F-102 Fiduciary bonds, expense.
• 431:10F-103 Court bonds, costs.
• 431:10F-104 Release from liability.
• 431:10F-105 Directed suretyship; coercion of contractors.

ARTICLE 10G
MOTORCYCLE AND MOTOR SCOOTER INSURANCE

• 431:10G-101 Definitions.
• 431:10G-102 Conditions of operation and registration of motorcycles and motor scooters.
• 431:10G-103 Motorcycle or motor scooter self-insurance.
• 431:10G-104 Prerequisites for obtaining coverage.
• 431:10G-105 Tort liability.
• 431:10G-106 Verification of insurance.
• 431:10G-107 Drivers education fund underwriters fee; motorcycle and motor scooter operators education fund.
• 431:10G-108 Penalties.
• 431:10G-109 Rules.

ARTICLE 10H
LONG-TERM CARE INSURANCE

• 431:10H-101 Purpose.
• 431:10H-102 Scope.
• 431:10H-103 Short title.
• 431:10H-104 Definitions.
• 431:10H-105 Extraterritorial jurisdiction; group policies.
• 431:10H-106 Rules.
• 431:10H-106.5 Producer training requirements. (a) Effective on the date that is one year following the enactment by the State of legislation establishing the long-term care partnership program as provided in title VI, section 6021 of the Federal Deficit Reduction Act of 2005, an individual may not sell, solicit, or negotiate long-term care insurance unless the individual is licensed as an insurance producer for accident, health, or life insurance and has completed a one-time training course and ongoing training every twenty-four months thereafter. This training shall meet the requirements set forth in subsections (c) and (d). The producer training requirements provided in this section shall be required of every producer selling, soliciting, or negotiating long-term care insurance. (b) The training requirements of subsections (c) and (d) may be approved as continuing education courses under section 431:9A-153. (c) The one-time training required under this section shall be no less than eight hours and the ongoing training required by this section shall be no less than four hours for every twenty-four month period thereafter. (d) The training required under this section shall consist of topics related to long-term care insurance, long-term care services, and, if applicable, qualified state long-term care insurance partnership programs, including but not limited to: (1) State and federal regulations and requirements and the relationship between qualified state long-term care insurance partnership programs and other public and private coverage of long-term care services, including medicaid; (2) Available long-term care services and providers; (3) Changes or improvements in long-term care services or providers; (4) Alternatives to the purchase of long-term care insurance; (5) The effect of inflation on benefits and the importance of inflation protection; and (6) Consumer suitability standards and guidelines. (e) The training required by this section shall not include training that is insurer or company product specific or that inclu
• 431:10H-107 Basic standards.
• 431:10H-108 Preexisting conditions--group and individual policies.
• 431:10H-109 Prior hospitalization; prior institutionalization.
• 431:10H-110 Loss ratio standards; factors; commissioner approval.
• 431:10H-111 Right to return; free look provision.
• 431:10H-112 Outline of coverage required.
• 431:10H-113 Group policy certificate requirements.
• 431:10H-114 Life insurance policies offering long-term care benefits.
• 431:10H-115 Incontestability period--group and individual policies.
• 431:10H-116 Nonforfeiture benefits.
• 431:10H-116.5 Delivery of the contract or certificate of insurance.
• 431:10H-116.6 Denial of claims; compliance requirements.
• 431:10H-117 Authority to adopt rules.

PART II. LONG-TERM CARE INSURANCE MODEL REGULATION

• 431:10H-201 Policy definitions.
• 431:10H-202 Renewability.
• 431:10H-202.5 Licensing.
• 431:10H-203 Limitations and exclusions.
• 431:10H-204 Extension of benefits.
• 431:10H-204.5 Electronic enrollment for group policies.
• 431:10H-205 Continuation or conversion.
• 431:10H-206 Discontinuance and replacement.
• 431:10H-207 Premiums charged--group and individual policies.
• 431:10H-207.5 Premium rate schedule increases.
• 431:10H-208 Unintentional lapse.
• 431:10H-209 Lapse or termination for nonpayment of premium.
• 431:10H-210 Reinstatement.
• 431:10H-211 Disclosure; renewability.
• 431:10H-212 Disclosure; riders and endorsements.
• 431:10H-213 Disclosure; payment of benefits.
• 431:10H-214 Disclosure; limitations.
• 431:10H-215 Disclosure; other limitations and conditions on eligibility for benefits.
• 431:10H-216 Disclosure of tax consequences.
• 431:10H-217 Disclosure; benefit triggers.
• 431:10H-217.5 Required disclosure of rating practices to consumers.
• 431:10H-218 Prohibition against post-claims underwriting.
• 431:10H-219 Minimum standards for home health and community care benefits.
• 431:10H-220 Requirement to offer inflation protection; group and individual policies.
• 431:10H-221 Requirements for application forms and replacement coverage.
• 431:10H-222 Reporting requirements.
• 431:10H-223 Discretionary powers of the commissioner.
• 431:10H-224 Reserve standards; life insurance policies or riders.
• 431:10H-225 Reserve standards; insurance other than life.
• 431:10H-226 Loss ratio.
• 431:10H-226.5 Initial filing requirements.
• 431:10H-227 Filing requirements; extraterritorial.
• 431:10H-228 Filing requirements; advertisements.
• 431:10H-228.5 Disapproval of filings.
• 431:10H-229 Standards for marketing.
• 431:10H-230 Standards of marketing--certain group policies.
• 431:10H-231 Suitability.
• 431:10H-232 Prohibition against preexisting conditions and probationary periods in replacement policies and certificates.
• 431:10H-233 Nonforfeiture benefit requirement.
• 431:10H-234 Standards for benefit triggers.
• 431:10H-234.5 Additional standards for benefit triggers for qualified long-term care insurance contracts.
• 431:10H-235 Standard format outline of coverage; group and individual policies.
• 431:10H-236 Delivery of shopper's guide; group and individual policies.
• 431:10H-237 Penalties.

PART III. FEDERAL CONFORMITY

• 431:10H-301 Group long-term care insurance policies conformance to Health Insurance Portability and Accountability Act and Internal Revenue Code.
• 431:10H-302 Individual long-term care insurance policy coverages.
• 431:10H-303 Conflict with Health Insurance Portability and Accountability Act.
• 431:10H-304 Disclosure of qualification for tax benefits.

PART IV. UNIVERSAL AVAILABILITY OF
LONG-TERM CARE INSURANCE

• 431:10H-401 Publicizing of policies.
• 431:10H-402 Purchase of policy and payment of premiums on an individual's behalf.

ARTICLE 11
INSURANCE HOLDING COMPANY SYSTEM

• 431:11-101 Scope and purpose.
• 431:11-102 Definitions.
• 431:11-103 Subsidiaries of insurers.
• 431:11-104 Acquisition of control or merger with domestic insurer.
• 431:11-104.1 Definitions. The following definitions shall apply for the purposes of sections 431:11-104.2 through 431:11-104.6 only: "Acquisition" means any agreement, arrangement, or activity the consummation of which results in a person acquiring directly or indirectly the control of another person, and includes, but is not limited to, the acquisition of voting securities, the acquisition of assets, bulk reinsurance, and mergers. "Involved insurer" means an insurer which either acquires or is acquired, is affiliated with an acquirer or person acquired, or is the result of a merger. [L 1992, c 176, pt of §3]
• 431:11-104.2 Scope. (a) Except as otherwise provided in subsection (b), this section and sections 431:11-104.3 through 431:11-104.6 apply to any acquisition in which there is a change in control of an insurer authorized to do business in this State. (b) This section and sections 431:11-104.3 through 431:11-104.6 shall not apply to the following: (1) A purchase of securities solely for investment purposes, so long as those securities are not used by voting or otherwise to cause or attempt to cause the substantial lessening of competition in any insurance market in this State. If a purchase of securities results in a presumption of control as defined in section 431:11-102, it is not solely for investment purposes unless the commissioner of the insurer's state of domicile accepts a disclaimer of control or affirmatively finds that control does not exist and the disclaimer action or affirmative finding is communicated by the domiciliary commissioner to the commissioner; (2) The acquisition of a person by another person when both persons are neither directly nor through affiliates primarily engaged in the business of insurance, if preacquisition notification is filed with the commissioner in accordance with section 431:11-104.3 thirty days prior to the proposed effective date of the acquisition. However, the preacquisition notification is not required for exclusion from this section and sections 431:11-104.3 through 431:11-104.6 if the acquisition would otherwise be excluded by any other paragraph of this subsection; (3) The acquisition of affiliated persons; (4) An acquisition if, as an immediate result of the acquisition: (A) In no market would the combined market share of the involved insurers exceed five per cent of the total market; (B) There would be no increase in any market share; or (C) In no market would: (i) The combined market share of the involved insurers exceed twelve per cent of the total market; and (ii) The market share increase by more than two per cent of the total market. For the purpose of this paragraph, &qu
• 431:11-104.3 Preacquisition notification; waiting period.
• 431:11-104.4 Competitive standard. (a) The commissioner may enter an order under section 431:11-104.5 with respect to an acquisition if there is substantial evidence that the effect of the acquisition may be to substantially lessen competition in any line of insurance in this State, or tend to create a monopoly therein, or if the insurer fails to file adequate information in compliance with section 431:11-104.3. (b) In determining whether a proposed acquisition would violate the competitive standard of subsection (a), the commissioner shall consider the following: (1) Any acquisition covered under section 431:11-104.2 involving two or more insurers competing in the same market is prima facie evidence of violation of the competitive standards: (A) If the market is highly concentrated and the involved insurers possess the following shares of the market: Insurer A Insurer B 4% 4% or more 10% 2% or more 15% 1% or more; or (B) If the market is not highly concentrated and the involved insurers possess the following shares of the market: Insurer A Insurer B 5% 5% or more 10% 4% or more 15% 3% or more 19% 1% or more A highly concentrated market is one in which the share of the four largest insurers is seventy-five per cent or more of the market. Percentages not shown in the tables shall be interpolated proportionately to the percentages that are shown. If more than two insurers are involved, exceeding the total of the two columns in the table is prima facie evidence of violation of the competitive standard of subsection (a). For the purpose of this paragraph, the insurer with the largest share of the market shall be deemed to be insurer A; (2) There is a significant trend toward increased concentration when the aggregate market share of any grouping of the largest insurers in the market, from the two largest to the eight largest, has increased by seven per cent or more of the market over a period of time extending from any base year five to ten years prior to the acquisition up to the time of the acquisition. Any acquisition or merge
• 431:11-104.5 Orders and penalties. (a) If an acquisition violates the competitive standards of section 431:11-104.4, the commissioner may enter an order: (1) Requiring an involved insurer to cease and desist from doing business in this State with respect to the line or lines of insurance involved in the violation; or (2) Denying the application of an acquired or acquiring insurer for a license to do business in this State. (b) Such an order shall not be entered unless there is a hearing, notice of such hearing is issued before the end of the waiting period and not less than fifteen days before the hearing, and the hearing is concluded and the order is issued no later than sixty days after the end of the waiting period. Every order shall be accompanied by a written decision of the commissioner setting forth the commissioner's findings of fact and conclusions of law. (c) An order entered under this section shall not become final earlier than thirty days after it is issued, during which time an involved insurer may submit a plan to remedy the anticompetitive impact of the acquisition within a reasonable time. Based upon the plan or other information, the commissioner shall specify the conditions, if any, and the time period during which the aspects of the acquisition causing a violation of the competitive standards of section 431:11-104.4 must be remedied, and may vacate or modify the order to set forth those conditions. (d) Any order issued pursuant to this section shall be void if the acquisition is never consummated. (e) Any person who violates a cease and desist order of the commissioner under subsection (a) while the order is in effect, upon order of the commissioner after notice and hearing, may be subject to one or both of the following: (1) A fine of not more than $10,000 for every day of violation; and (2) Suspension or revocation of the person's license. (f) Any insurer or other person who fails to make any filing required by this section or sections 431:11-104.2 and 431:11-104.3, and who also fails to demonstrate a go
• 431:11-104.6 Inapplicable provisions. Sections 431:11-110(b), 431:11-110(c), and 431:11-112 do not apply to acquisitions to which sections 431:11-104.1 through 431:11-104.5 apply. [L 1992, c 176, pt of §3]
• 431:11-105 Registration of insurers.
• 431:11-106 Standards and management of an insurer within a holding company system.
• 431:11-107 Examination.
• 431:11-107.5 Supervisory colleges.
• 431:11-107.7 Group-wide supervision of internationally active insurance groups.
• 431:11-108 Confidential treatment.
• 431:11-109 Rules and regulations.
• 431:11-110 Injunctions; prohibitions against voting securities; sequestration of voting securities.
• 431:11-111 Sanctions.
• 431:11-112 Receivership.
• 431:11-113 Recovery.
• 431:11-114 Revocation, suspension, or nonrenewal of insurer's license.
• 431:11-115 Judicial review; mandamus.
• 431:11-116 Conflict with other laws.
• 431:11-117 Severability of provisions.

ARTICLE 11A
BUSINESS TRANSACTED WITH PRODUCER CONTROLLED
PROPERTY/CASUALTY INSURER

• 431:11A-101 Definitions.
• 431:11A-102 Applicability.
• 431:11A-103 Minimum standards.
• 431:11A-104 Disclosure.
• 431:11A-105 Penalties.

ARTICLE 12
MASS MERCHANDISING OF INSURANCE

• 431:12-101 Definitions.
• 431:12-102 Applicability.
• 431:12-103 Mass merchandising authorized.
• 431:12-104 Mass merchandising prohibited; when.
• 431:12-105 Mass merchandising requirements.
• 431:12-106 Disclosure.
• 431:12-107 Payroll deductions and premium collections.
• 431:12-108 Employer's failure to remit premiums.
• 431:12-109 Cancellation and nonrenewal.
• 431:12-110 Premium rates.
• 431:12-111 Readjustment of premiums; dividends.
• 431:12-112 Underwriting standards.
• 431:12-113 Statistics.
• 431:12-114 Licenses.
• 431:12-115 Establishment and maintenance of office.
• 431:12-116 Rules.

ARTICLE 13
UNFAIR METHODS OF COMPETITION
AND UNFAIR AND DECEPTIVE
ACTS AND PRACTICES IN THE BUSINESS OF INSURANCE

• 431:13-101 Purpose.
• 431:13-102 Unfair methods of competition; unfair or deceptive acts or practices prohibited.
• 431:13-103 Unfair methods of competition and unfair or deceptive acts or practices defined.
• 431:13-104 Favored producer or insurer; coercion of debtors.
• 431:13-105 Power of commissioner.
• 431:13-106 Hearings.
• 431:13-107 Commissioner's right of action.
• 431:13-108 Reimbursement for accident and health or sickness insurance benefits.

PART II. PENALTIES AND JUDICIAL REVIEW

• 431:13-201 Cease and desist and penalty orders; judicial review.
• 431:13-202 Penalty for violation of cease and desist orders.
• 431:13-203 Rules.
• 431:13-204 Provisions of sections additional to existing laws.

ARTICLE 14
RATE REGULATION
PART I. CASUALTY, SURETY, PROPERTY, MARINE AND
TRANSPORTATION RATE REGULATION

• 431:14-101 Purpose.
• 431:14-101.5 Definitions.
• 431:14-102 Scope.
• 431:14-103 Making of rates.
• 431:14-103.3 Rate adjustment mandates.
• 431:14-103.5 Contracting classification premium program. With respect to each classification of risk in the construction industry, the rating organization shall file with the commissioner a contracting classification premium program, which is a method of computing premiums, that does not impose a higher premium solely because of an employer's higher rate of wages. [L 1995, c 234, pt of §5]
• 431:14-104 Rate filings.
• 431:14-104.5 Loss cost filings.
• 431:14-105 Policy revisions that alter coverage.
• 431:14-105.5 Standing to intervene in rate filing and ratemaking proceedings.
• 431:14-106 Disapproval of filings.
• 431:14-107 Rating organizations.
• 431:14-107.1 Rating and advisory organizations, permitted activity.
• 431:14-107.2 Insurers and organizations, prohibited activity.
• 431:14-107.3 Rating or advisory organizations, prohibited activity.
• 431:14-108 Deviations.
• 431:14-109 Appeal by minority.
• 431:14-110 Information to be furnished insureds; hearings and appeals of insureds.
• 431:14-110.5 Disclosure of workers' compensation premium information.
• 431:14-110.8 Publication of homeowners insurance premium information.
• 431:14-111 Advisory organizations.
• 431:14-112 Joint underwriting or joint reinsurance.
• 431:14-113 Examination.
• 431:14-114 Rate administration.
• 431:14-115 False or misleading information.
• 431:14-116 Assigned risks.
• 431:14-116.5 Assigned risk pool; experience rating plan. No employer shall be placed in an assigned risk pool for workers' compensation insurance that does not utilize an experience rating plan that includes: (1) Reasonable eligibility standards; (2) Incentives for loss prevention; (3) Sufficient premium differentials to encourage safety; and (4) Provisions for reasonable and equitable limitations on the ability of policyholders to avoid the impact of past adverse claims experience through change of ownership, control, management, or operation. [L 1995, c 234, pt of §20]
• 431:14-116.6 Assigned risk pool; residual market plan. (a) The commissioner shall establish a residual market plan to provide equitable apportionment of insurance that may be afforded to applicants who are in good faith entitled to, but who are unable to procure, such insurance through ordinary methods. The residual market plan shall include rules for classification of risks and rates. (b) Any insured placed with the plan shall be notified that insurance coverage is being afforded through the plan and not through the private market. Written notification shall be given to the insured within ten days of placement with the plan. (c) To ensure that plan rates are made adequate to pay claims and expenses, insurers shall develop a means of obtaining loss and expense experience at least annually. Each insurer shall submit a report on loss and expense experience, when available, with the department in sufficient detail to make a determination of rate adequacy. (d) The plan shall provide a formula allowing an insurer who voluntarily removes an insured risk from the residual market to be eligible for a take-out credit applicable against that insurer's residual market assessment base levied by the plan. The terms and conditions of the take-out credit shall be as follows: (1) An insurer shall receive a credit against its assessment base for the amount of the annual premium reflected in the insurer's financial statements for the respective calendar year. This reported premium shall be stated on the same financial basis as the premiums that are reported for use in determining each insurer's residual market assessment base and shall be subject to subsequent adjustments and audits; (2) The credit applicable to the residual market assessment base shall be as follows: (A) First year: $2 credit for every $1 of premium removed; (B) Second year: $1 credit for every $1 of premium removed; and (C) Third year: $1 credit for every $1 of premium removed; (3) If the insurer keeps the insured risk out of the residual market for three years, that insurer
• 431:14-117 Penalties.
• 431:14-118 Hearing procedure and judicial review.
• 431:14-119 REPEALED.
• 431:14-120 Additional powers for workers' compensation rate filing and ratemaking.

ARTICLE 14A
HAWAII EMPLOYERS' MUTUAL INSURANCE COMPANY

• 431:14A-101 Purpose.
• 431:14A-102 Definitions.
• 431:14A-103 Hawaii employers' mutual insurance company, established.
• 431:14A-104 Company divisions.
• 431:14A-105 Board of directors, established.
• 431:14A-106 Powers; generally.
• 431:14A-107 Duties and responsibilities.
• 431:14A-108 Administrator; appointment; duties.
• 431:14A-109 Financial management.
• 431:14A-109.5 Oversight council. (a) There is established the Hawaii employers' mutual insurance company oversight council which shall meet at least once annually. For administrative purposes only, the council shall be assigned to the department of commerce and consumer affairs. The council shall oversee the activities of the company to ensure that the company fulfills its purpose as set forth in this article. (b) The council shall consist of five members who shall include: (1) A member of the senate appointed by the president of the senate; (2) A member of the house of representatives appointed by the speaker of the house of representatives; (3) The director of the department of labor and industrial relations; (4) The director of the department of commerce and consumer affairs; and (5) An at-large member who is an owner, officer, or employee of the company policyholder appointed by the governor; provided that if any designee under paragraphs (1) to (4) does not meet the test in subsection (c), the president of the senate, speaker of the house, or governor, as applicable, shall designate an appropriate representative. Section 26-34 shall not apply to appointments under this section. (c) No person shall serve on the council who within the second degree of consanguinity or affinity has a direct and substantial interest in an insurer that competes with the company, including but not limited to: (1) A stockholder of a competing company (excluding a holder of less than one per cent of the outstanding shares in a publicly traded company); (2) An employee of a competing company; (3) An attorney who represents a competing company; or (4) A party who contracts with a competing company (excluding an independent contractor or business owner who does less than twenty-five per cent of its total annual volume of business per year with competing insurers). (d) Members of the council shall serve without compensation, but shall be reimbursed for reasonable expenses necessary for the performance of their duties. (e) The administrator shall serv
• 431:14A-110 Premium rates, determination.
• 431:14A-111 Reserves, investment.
• 431:14A-112 Financial statements and other reports.
• 431:14A-113 Annual accounting; dividends.
• 431:14A-114 Audits.
• 431:14A-115 Denial, cancellation, and termination.
• 431:14A-116 Wilful misrepresentation and fraud.
• 431:14A-117 Workplace safety and health programs.
• 431:14A-118 Discontinuation of residual market plan.
• 431:14A-119 Discontinuation of assigned risks.

ARTICLE 14F
HEALTH INSURANCE RATE REGULATION--REPEALED

• 431:14F-101 to 431:14F-113 REPEALED.

ARTICLE 14G
HEALTH INSURANCE RATE REGULATION

• 431:14G-101 Scope and purpose.
• 431:14G-102 Definitions.
• 431:14G-103 Making of rates.
• 431:14G-103.5 Rerating.
• 431:14G-104 Rate adjustment mandates.
• 431:14G-105 Rate filings.
• 431:14G-106 Policy revisions that alter coverage.
• 431:14G-107 Disapproval of filings.
• 431:14G-108 Managed care plans; prohibited activity.
• 431:14G-109 Information to be furnished enrollees; hearings and appeals of enrollees.
• 431:14G-109.5 Publication of premium information.
• 431:14G-110 False or misleading information
• 431:14G-111 Penalties.
• 431:14G-112 Hearing procedure and judicial review.

ARTICLE 15
INSURERS SUPERVISION, REHABILITATION AND
LIQUIDATION

• 431:15-101 Construction and purpose.
• 431:15-102 Persons covered.
• 431:15-103 Definitions.
• 431:15-103.5 Standards and authority. (a) The following standards, either singly or in a combination of two or more, may be considered by the commissioner to determine whether the continued operation of any insurer transacting insurance business in this State may be deemed to be hazardous to its policyholders, its creditors, or the general public: (1) Adverse findings reported in financial condition and market conduct examination reports, audit reports, and actuarial opinions, reports, or summaries; (2) The National Association of Insurance Commissioners' insurance regulatory information system and its other financial analysis solvency tools and reports; (3) Whether the insurer has made adequate provision, according to presently accepted actuarial standards of practice, for the anticipated cash flows required by the contractual obligations and related expenses of the insurer, when considered in light of the assets held by the insurer with respect to the reserves and related actuarial items, including the investment earnings on the assets, and the considerations anticipated to be received and retained under the policies and contracts; (4) The ability of an assuming reinsurer to perform and whether the insurer's reinsurance program provides sufficient protection for the insurer's remaining surplus after taking into account the insurer's cash flow and the classes of business written as well as the financial condition of the assuming reinsurer; (5) Whether the insurer's operating loss in the last twelve-month period or any shorter period of time, including but not limited to net capital gain or loss, change in non-admitted assets, and cash dividends paid to shareholders, is greater than fifty per cent of the insurer's remaining surplus as regards policyholders in excess of the minimum required; (6) Whether the insurer's operating loss in the last twelve-month period or any shorter period of time, excluding net capital gains, is greater than twenty per cent of the insurer's remaining surplus as regards policyholders in excess of t
• 431:15-104 Jurisdiction and venue.
• 431:15-105 Injunctions and orders.
• 431:15-106 Cooperation of officers and employees.
• 431:15-107 Commissioner's reports.
• 431:15-108 Continuation of delinquency proceedings.

PART II. SUMMARY PROCEEDINGS AND SUPERVISORY PROCEEDINGS

• 431:15-201 Commissioner's summary orders and supervision proceedings.
• 431:15-202 Court's seizure order.
• 431:15-203 Confidentiality of hearings.

PART III. FORMAL PROCEEDINGS

• 431:15-301 Grounds for rehabilitation.
• 431:15-302 Rehabilitation orders.
• 431:15-303 Powers and duties of the rehabilitator.
• 431:15-304 Actions by and against rehabilitator.
• 431:15-305 Termination of rehabilitation.
• 431:15-306 Grounds for liquidation.
• 431:15-307 Liquidation orders.
• 431:15-308 Continuance of coverage.
• 431:15-309 Dissolution of insurer.
• 431:15-310 Powers of liquidator.
• 431:15-311 Notice to creditors and others.
• 431:15-312 Duties of producers.
• 431:15-313 Actions by and against liquidator.
• 431:15-314 Collection and list of assets.
• 431:15-315 Fraudulent transfers prior to petition.
• 431:15-316 Fraudulent transfer after petition.
• 431:15-317 Voidable preferences and liens.
• 431:15-318 Claims of holders of void or voidable rights.
• 431:15-319 Setoffs and counterclaims.
• 431:15-320 Assessments.
• 431:15-321 Reinsurer's liability.
• 431:15-322 Applicability of claims settlement provisions to loss claims.
• 431:15-323 Recovery of premiums owed.
• 431:15-324 Domiciliary liquidator's proposal to distribute assets.
• 431:15-325 Filing of claims.
• 431:15-326 Proof of claim.
• 431:15-327 Special claims.
• 431:15-328 Provisions for third party claims.
• 431:15-329 Disputed claims.
• 431:15-330 Claims of surety.
• 431:15-331 Secured creditor's claims.
• 431:15-332 Priority of distribution.
• 431:15-333 Liquidator's recommendations to the court.
• 431:15-334 Distribution of assets.
• 431:15-335 Unclaimed and withheld funds.
• 431:15-336 Termination of proceedings.
• 431:15-337 Reopening liquidation.
• 431:15-338 Disposition of records during and after termination of liquidation.

PART IV. INTERSTATE RELATIONS

• 431:15-401 Conservation of property of foreign or alien insurers found in this State.
• 431:15-402 Liquidation of property of foreign or alien insurers found in this State.
• 431:15-403 Domiciliary liquidators in other states.
• 431:15-404 Ancillary formal proceedings.
• 431:15-405 Ancillary summary proceedings.
• 431:15-406 Claims of nonresidents against insurers domiciled in this State.
• 431:15-407 Claims of residents against insurers domiciled in reciprocal states.
• 431:15-408 Attachment, garnishment and levy of execution.
• 431:15-409 Interstate priorities.
• 431:15-410 Subordination of claims for noncooperation.
• 431:15-411 Separability.

ARTICLE 16
GUARANTY ASSOCIATIONS
PART I. PROPERTY AND LIABILITY INSURANCE GUARANTY
ASSOCIATION

• 431:16-101 Title.
• 431:16-102 Purpose.
• 431:16-103 Scope.
• 431:16-104 Construction.
• 431:16-105 Definitions.
• 431:16-106 Creation of association.
• 431:16-107 Board of directors.
• 431:16-108 Powers and duties of the association.
• 431:16-109 Plan of operation.
• 431:16-110 Duties and powers of the commissioner.
• 431:16-111 Effect of paid claims.
• 431:16-112 Exhaustion of other coverage.
• 431:16-113 Prevention of insolvencies.
• 431:16-114 Tax exemption.
• 431:16-115 Recoupment of assessment.
• 431:16-116 Immunity.
• 431:16-117 Stay of proceedings.

PART II. LIFE AND DISABILITY
INSURANCE GUARANTY ASSOCIATION

• 431:16-201 Title.
• 431:16-202 Purpose.
• 431:16-203 Coverage and limitations.
• 431:16-204 Construction.
• 431:16-205 Definitions.
• 431:16-206 Creation of the association.
• 431:16-207 Board of directors.
• 431:16-208 Powers and duties of the association.
• 431:16-209 Assessments.
• 431:16-210 Plan of operation.
• 431:16-211 Duties and powers of the commissioner.
• 431:16-212 Prevention of insolvencies.
• 431:16-213 Credits for assessments paid.
• 431:16-214 Miscellaneous provisions.
• 431:16-215 Tax exemptions.
• 431:16-216 Immunity.
• 431:16-217 Stay of proceedings; reopening default judgments.
• 431:16-218 Prohibited advertisement of association act in insurance sales; notice to policyholders.
• 431:16-219 REPEALED.

ARTICLE 17
INSURANCE INFORMATION PROTECTION ACT--REPEALED

• 431:17-101 to 431:17-106 REPEALED.

ARTICLE 19
CAPTIVE INSURANCE COMPANIES
PART I. GENERAL PROVISIONS

• 431:19-101 Definitions.
• 431:19-101.2 Confidential treatment.
• 431:19-101.3 REPEALED.
• 431:19-101.4 Service providers. The commissioner shall have the authority to approve service providers to captive insurance companies licensed under this article, including but not limited to captive insurance managers, independent certified public accountants, actuaries, and loss reserve specialists. [L 1998, c 150, §1]
• 431:19-101.5 Captive insurance administrator. There shall be established within the insurance division a captive insurance administrator, who shall be solely responsible for assisting the commissioner in monitoring, regulating, and developing captive insurance companies under this article. The commissioner, with the approval of the director of commerce and consumer affairs, shall appoint the administrator who shall be designated as a deputy commissioner and shall be exempt from chapter 76, notwithstanding section 431:2-105(b) to the contrary. The administrator shall serve at the pleasure of the director of commerce and consumer affairs and shall report directly to the commissioner. [L 1997, c 261, pt of §2; am L 2000, c 253, §150; am L 2003, c 205, §1; am L 2007, c 232, §2; am L 2012, c 253, §4]
• 431:19-101.6 Salary.
• 431:19-101.7 General powers and duties.
• 431:19-101.8 Captive insurance administrative fund.
• 431:19-102 Certificate of authority.
• 431:19-102.2 Personal lines insurance.
• 431:19-102.3 Redomestication; approval as a domestic captive insurer.
• 431:19-102.4 Redomestication; conversion to foreign insurer. (a) Any domestic captive insurance company, upon approval by the commissioner, may transfer its domicile to any other jurisdiction in accordance with the laws of that jurisdiction. (b) Before transferring its domicile to any other jurisdiction and before the notice of change in domicile is transmitted to the department of commerce and consumer affairs, the domestic captive insurance company shall submit a written request to the commissioner to redomesticate to another jurisdiction and a transfer fee of $300. (c) Upon approval of the written request to redomesticate pursuant to subsection (b), the commissioner shall issue a certificate of transfer. The domestic captive insurance company shall submit the certificate of transfer, a notice of change of domicile, and the filing fee to the department of commerce and consumer affairs. The notice of change in domicile shall set forth the following: (1) Name of the company; (2) Dates that notice of the company's intent to transfer domicile from this State was published pursuant to the publication requirements of section 1-28.5; (3) Date of the transfer of its domicile; and (4) Jurisdiction to which its domicile will be transferred. (d) Upon meeting the requirements of subsection (c) and upon the issuance of a certificate of discontinuance by the department of commerce and consumer affairs, the captive insurance company shall cease to be domiciled in this State, and its corporate or other legal existence in this State shall cease. The captive insurance company shall pay a certificate fee at the time that the certificate of discontinuance is issued in accordance with chapter 414. [L 1993, c 205, pt of §1; am L 1994, c 128, §8; am L 2002, c 40, §72; am L 2007, c 232, §5; am L 2012, c 253, §9]
• 431:19-102.5 REPEALED.
• 431:19-103 Names of companies.
• 431:19-104 Minimum capital and surplus.
• 431:19-105 REPEALED.
• 431:19-106 Formation of captive insurance companies in this State.
• 431:19-106.3 REPEALED.
• 431:19-106.5 Conversion or merger of captive insurers.
• 431:19-107 Financial statements and other reports.
• 431:19-108 Examinations, investigations, and financial surveillance.
• 431:19-109 Grounds and procedures for suspension and revocation of certificate of authority; fines.
• 431:19-110 Investments.
• 431:19-111 Reinsurance.
• 431:19-111.5 Class 5 companies.
• 431:19-112 Rating organizations; memberships.
• 431:19-113 Exemption from compulsory associations.
• 431:19-114 Rules.
• 431:19-115 Laws applicable.
• 431:19-115.5 Applicability of other laws to captive insurance companies writing motor vehicle insurance policies in this State.
• 431:19-115.6 Applicability of other laws to captive insurance companies writing credit life or other credit disability insurance policies.
• 431:19-115.7 Applicability of other laws to captive insurance companies writing direct workers' compensation insurance policies.
• 431:19-116 Taxation.

PART II. SPECIAL PURPOSE FINANCIAL CAPTIVE
INSURANCE COMPANIES

• 431:19-201 Purpose.
• 431:19-202 Applicable law.
• 431:19-203 Definitions.
• 431:19-204 Certificate of authority.
• 431:19-205 Changes in plan of operation; voluntary dissolution or cessation of business.
• 431:19-206 Formation.
• 431:19-207 Minimum capital and surplus.
• 431:19-208 Issuance of securities.
• 431:19-209 Authorized contracts and agreements.
• 431:19-210 Disposition of assets; investments.
• 431:19-211 Annual reporting; books and records.
• 431:19-212 Suspension and revocation of certificate of authority.
• 431:19-213 Supervision, rehabilitation, liquidation.
• 431:19-214 Existing licenses.

Part III. SPONSORED CAPTIVE INSURANCE COMPANIES

• 431:19-301 Formation.
• 431:19-302 Supplemental application materials.
• 431:19-303 Protected cells.
• 431:19-304 Qualification of sponsors.
• 431:19-305 Participants in sponsored captive insurance companies.
• 431:19-306 Investments by sponsored captive insurance companies.
• 431:19-307 Delinquency of sponsored captive insurance companies.
• 431:19-308 Applicable laws.
• 431:19-309 Existing licenses.

ARTICLE 20
TITLE INSURANCE AND TITLE INSURERS

• 431:20-101 Scope.
• 431:20-102 Definitions.
• 431:20-103 General insurance law applicable
• 431:20-104 Particular provisions prevail.
• 431:20-105 Authorized business.
• 431:20-106 Restrictions on business.
• 431:20-106.5 Escrow depositories.
• 431:20-107 Capital requirements.
• 431:20-108 Guarantee fund.
• 431:20-109 Limitations on compliance with section 431:20-107 and section 431:20-108.
• 431:20-110 Purchase of materials and plant; valuation.
• 431:20-110.5 Dividends.
• 431:20-111 Loans to officers, etc.
• 431:20-112 Limit of risk.
• 431:20-113 Underwriting standards and record retention.
• 431:20-114 Reinsurance reserve.
• 431:20-115 Use of reinsurance reserve on liquidation, dissolution or insolvency.
• 431:20-116 Loss and loss expense reserve.
• 431:20-117 Reinsurance.
• 431:20-118 Prohibition on rebates and inducements.
• 431:20-119 Division of fees.
• 431:20-120 Schedules of premiums and charges.
• 431:20-121 Contract forms, filing, disapproval.
• 431:20-122 Annual statement.
• 431:20-123 Remedies.
• 431:20-124 Additional penalty.
• 431:20-125 Revocation or suspension of title insurer's certificate of authority.

ARTICLE 21
HAWAII PROPERTY INSURANCE ASSOCIATION

• 431:21-101 Purpose.
• 431:21-102 Definitions.
• 431:21-103 Creation of association.
• 431:21-104 Board of directors.
• 431:21-105 Powers and duties of the association.
• 431:21-105.5 Default in payment of assessments.
• 431:21-106 Plan of operation.
• 431:21-107 Designation of area.
• 431:21-108 Renewals of existing policies.
• 431:21-109 Insurance coverages available under plan.
• 431:21-110 Application; inspection.
• 431:21-111 Duties and powers of the commissioner.
• 431:21-112 Reports.
• 431:21-113 Appeals.
• 431:21-114 Tax exemptions.
• 431:21-115 Credits for assessments paid.
• 431:21-116 Examination.
• 431:21-117 Immunity and limitation on liability.
• 431:21-118 Status of association policies.
• 431:21-119 Issuance of new policies; removal of moratorium.

ARTICLE 22
LOSS MITIGATION GRANT PROGRAM

• 431:22-101 Definitions.
• 431:22-102 REPEALED.
• 431:22-103 Establishment of loss mitigation grant program.
• 431:22-104 Standards for the award of grants.
• 431:22-105 Technical advisory committee.

ARTICLE 26
HEALTH BENEFIT PLAN NETWORK ACCESS AND ADEQUACY

• 431:26-101 Definitions.
• 431:26-102 Applicability and scope.
• 431:26-103 Network adequacy.
• 431:26-104 Requirements for health carriers and participating providers.
• 431:26-105 Provider directories.
• 431:26-106 Intermediaries.
• 431:26-107 Enforcement.
• 431:26-108 Rules.
• 431:26-109 Penalties.
• 431:26-110 Severability.

ARTICLE 30
INTERSTATE INSURANCE PRODUCT REGULATION COMPACT

• 431:30-101 Scope.
• 431:30-102 Definitions.
• 431:30-103 Establishment of the commission and venue.
• 431:30-104 Powers of the commission.
• 431:30-105 REPEALED.
• 431:30-106 Membership; voting; bylaws.
• 431:30-107 Management committee; officers and personnel.
• 431:30-108 Legislative and advisory committees.
• 431:30-109 Corporate records of the commission.
• 431:30-110 Qualified immunity; defense; indemnification.
• 431:30-111 Meetings and acts of the commission.
• 431:30-112 Rules and operating procedures; rulemaking functions of the commission and rejection of uniform standards.
• 431:30-113 Commission records and enforcement.
• 431:30-114 Dispute resolution.
• 431:30-115 Product filing and approval.
• 431:30-116 Review of commission decisions regarding product filings.
• 431:30-117 Finance.
• 431:30-118 Compacting states; effective date; amendment.
• 431:30-119 Withdrawal.
• 431:30-120 Default.
• 431:30-121 Dissolution of compact.
• 431:30-122 Severability and construction.
• 431:30-123 Other laws.
• 431:30-124 Binding effect of the compact.

Article 31
portable electronics insurance

• 431:31-101 Definitions.
• 431:31-102 Licensure of vendors.
• 431:31-103 Requirements for sale of portable electronics insurance.
• 431:31-104 Authority of vendors.
• 431:31-105 Sanctions for violations.
• 431:31-106 Termination or modification of portable electronics insurance.
• 431:31-107 Application for license and fees.
• 431:31-108 Portable electronics insurance claims.
• 431:31-109 Standard of conduct