§431:15-333  Liquidator’s recommendations to the court.  (a)  The liquidator shall review all claims duly filed in the liquidation and shall make such further investigation as the liquidator shall deem necessary.  The liquidator may compound, compromise, or in any other manner negotiate the amount for which claims will be recommended to the court, except where the liquidator is required by law to accept claims as settled by any person or organization, including any guaranty fund or association, or foreign guaranty fund or association.  Unresolved disputes shall be determined under § 431:15-329.  As soon as practicable, the liquidator shall present to the court a report of the claims against the insurer with the liquidator’s recommendations.  The report shall include the name and address of each claimant and the amount of the claim finally recommended, if any.  If the insurer has issued annuities or life insurance policies, the liquidator shall report the persons to whom, according to the records of the insurer, amounts are owed as cash surrender values of other investment value and the amounts owed.

Terms Used In Hawaii Revised Statutes 431:15-333

  • Insurer: means any person who has done, purports to do, is doing or is licensed to do an insurance business, and is or has been subject to the authority of, or to liquidation, rehabilitation, reorganization, supervision, or conservation by any insurance commissioner. See Hawaii Revised Statutes 431:15-103

     (b)  The court may approve, disapprove or modify the report on claims by the liquidator.  Such reports as are not modified by the court within a period of sixty days following submission by the liquidator shall be treated by the liquidator as allowed claims, subject thereafter to later modification or to rulings made by the court pursuant to § 431:15-329.  No claim under a policy of insurance shall be allowed for an amount in excess of the applicable policy limits.