2023 Hawaii Revised Statutes
Title 24. Insurance
431. Insurance Code
431:10D-624 Compliance mitigation; penalties; enforcement.
§431:10D-624 Compliance mitigation; penalties; enforcement. (a) An insurer shall be responsible for compliance with this part. If a violation occurs because of the action or inaction of the insurer or its producer, the commissioner may order:
(1) An insurer to take reasonably appropriate corrective action for any consumer harmed by a failure to comply with this part by the insurer, an entity contracted to perform the insurer's supervisory duties, or by the producer;
(2) A business entity, general agency, independent agency, or the producer to take reasonably appropriate corrective action for any consumer harmed by the producer's violation of this part; and
(3) Appropriate penalties and sanctions.
(b) Any penalty applicable to an insurer, a managing general agent, independent agencies, or a producer under article 13 of chapter 431 may be applicable to a violation of this part; provided that penalties may be reduced or eliminated if corrective action for the consumer was taken promptly after a violation was discovered or if the violation was not part of a pattern or practice.
(c) The authority to enforce compliance with this part is vested exclusively with the commissioner. [L 2007, c 257, pt of §2; am L 2011, c 108, §6; am L 2022, c 58, pt of §7]
