ARTICLE 12

MASS MERCHANDISING OF INSURANCE

 

Terms Used In Hawaii Revised Statutes 431:12-101

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Employees: includes compensated officers, managers, and employees of a firm, corporation, partnership, sole proprietor, trust, estate, or members of an unincorporated association or nonprofit organization. See Hawaii Revised Statutes 431:12-101
  • Employer: includes any firm, corporation, partnership, sole proprietorship, trust, estate, and unincorporated association or nonprofit organization; it also includes the State, any county, any municipal corporation, and any governmental unit, agency, or department thereof. See Hawaii Revised Statutes 431:12-101
  • Insurer: means an insurer authorized to transact the business of motor vehicle, property, and casualty insurance in the State. See Hawaii Revised Statutes 431:12-101
  • Mass merchandising agreement: means an agreement between an insurer and an employer for the sale of insurance to the employees of the employer on a mass merchandising basis. See Hawaii Revised Statutes 431:12-101
  • Motor vehicle: means a vehicle of a type required to be registered under chapter 286, including a vehicle with less than four wheels or a trailer. See Hawaii Revised Statutes 431:12-101
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

     §431:12-101  Definitions.  As used in this article:

     “Employees” includes compensated officers, managers, and employees of a firm, corporation, partnership, sole proprietor, trust, estate, or members of an unincorporated association or nonprofit organization.  A mass merchandising agreement may provide that the term “employees” shall include retired employees and the individual proprietor, partners, or trustees, if the employer is an individual proprietor, partnership, trust, or estate.

     “Employer” includes any firm, corporation, partnership, sole proprietorship, trust, estate, and unincorporated association or nonprofit organization; it also includes the State, any county, any municipal corporation, and any governmental unit, agency, or department thereof.

     “Insurer” means an insurer authorized to transact the business of motor vehicle, property, and casualty insurance in the State.

     “Mass merchandise” means to sell and “mass merchandising” means a sale of insurance wherein:

     (1)  The insurance is offered to employees of particular employers, and

     (2)  The employer has agreed to, or otherwise affiliated itself with, the sale of such insurance to its employees.

     “Mass merchandising agreement” means an agreement between an insurer and an employer for the sale of insurance to the employees of the employer on a mass merchandising basis.

     “Mass merchandising plan” or “plan” means a program, design, or scheme of the insurance to be mass merchandised, including terms, coverages, and premiums.

     “Motor vehicle” means a vehicle of a type required to be registered under chapter 286, including a vehicle with less than four wheels or a trailer.

     “Motor vehicle insurance” means an insurance policy and optional additional insurance as defined in article 10C.