§431:14-110  Information to be furnished insureds; hearings and appeals of insureds.  (a)  Every rating organization and every insurer which makes its own rates shall, within a reasonable time after receiving written request therefor and upon payment of such reasonable charges as it may make, furnish to any insured affected by a rate made by it or to the authorized representative of the insured, all pertinent information as to the rate.

Terms Used In Hawaii Revised Statutes 431:14-110

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Rate: means that cost of insurance per exposure unit whether expressed as a single number or as a prospective loss cost with an adjustment to account for the treatment of expenses, profit, and individual insurer variation in loss experience, prior to any application of individual risk variations based on loss or expense considerations, and does not include minimum premium. See Hawaii Revised Statutes 431:14-101.5

     (b)  Every rating organization and every insurer which makes its own rates shall provide within this State reasonable means whereby any person aggrieved by the application of its rating system may be heard, in person or by an authorized representative, on such person’s written request to review the manner in which the rating system has been applied in connection with the insurance afforded that person.  If the rating organization or insurer fails to grant or reject the request within thirty days after it is made, the applicant may proceed in the same manner as if the application had been rejected.  Any party affected by the action of the rating organization or the insurer on such request may appeal to the commissioner within thirty days after written notice of such action.  The commissioner, after a hearing held upon not less than ten days’ written notice to the appellant and to the rating organization or insurer, may affirm or reverse the action.