Note
Review of laws relating to motor vehicle insurance and financial responsibility. L 1997, c 251, §60.
Savings. L 1997, c 251, §61.
Transfer of functions, duties, and employees and the establishment of the motor vehicle insurance benefits task force. L 1997, c 251, §§63 to 65.
L 1997, c 251, §62, provides in part:
"By January 1, 1998, all authorized insurers providing motor vehicle insurance under chapter 431, Hawaii Revised Statutes, shall:
(1) Implement at least a twenty to thirty-five per cent reduction on the premiums approved for policies effective on July 1, 1996, for those insureds who have policies which only contain the mandatory minimum coverages required under this Act; and
(2) Adjust the premiums paid by insureds whose policies contain more than the mandatory minimum coverages required by this Act.
All rates for motor vehicle insurance shall comply with the provisions of the casualty rating law contained in chapter 431, Hawaii Revised Statutes.
No motor vehicle insurance policy to which the reductions under this section apply, shall be canceled by the insurer prior to the expiration of the agreed term of the policy or one year after the effective date of the policy or renewal, whichever is less, solely because of the enactment of this Act.
If a rate adjustment under this section prevents an insurer from obtaining a fair rate of return, the insurer may be granted a public hearing under chapter 91, Hawaii Revised Statutes. The insurer shall not be required to comply with the disputed amount of the required reduction under this section until a final determination of that hearing is made; however, return premiums may be required and interest shall be added to any rate reductions which are determined from that hearing to be justified."
Indemnification of agents for simple negligence regarding motor vehicle insurance policies issued (effective January 1, 1999; repealed on January 1, 2001). L 1998, c 275, §2.
Cross References
Applicability of article to captive insurers, see §431:19-115.5.
Law Journals and Reviews
Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev. 55.
Beyond Compensation: Dealing with Accidents in the 21st Century. (International Workshop). 15 UH L. Rev. 524.
Case Notes
When a defendant is charged with a violation of this chapter, §805-13 is the proper procedural statute for the district court, enforcement officers, and the prosecutor's office to follow. 86 H. 331 (App.), 949 P.2d 171.