§431:16-103  Scope.  This part shall apply to all types of direct insurance, but shall not apply to the following:

     (1)  Life, annuity, or accident and health or sickness insurance;

     (2)  Mortgage guaranty, financial guaranty, or any other forms of insurance offering protection against investment risks;

     (3)  Fidelity or surety bonds, or any other bonding obligations;

     (4)  Credit insurance, vendors’ single interest insurance, collateral protection insurance, or any similar insurance protecting the interests of a creditor arising out of a creditor-debtor transaction;

     (5)  Insurance of warranties or service contracts, including insurance that provides for the repair, replacement, or service of goods or property, for indemnification for the repair, replacement, or service for the operational or structural failure of the goods or property due to a defect in materials, artisanship, or normal wear and tear, or for reimbursement for the liability incurred by the issuer of agreements or service contracts that provide those benefits;

     (6)  Title insurance;

     (7)  Ocean marine insurance;

     (8)  Any transaction or combination of transactions between a person (including affiliates of the person) and an insurer (including affiliates of the insurer) that involves the transfer of investment or credit risk unaccompanied by transfer of insurance risk; or

     (9)  Any insurance provided by or guaranteed by government.

Terms Used In Hawaii Revised Statutes 431:16-103

  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Person: means any individual, corporation, partnership, association, or voluntary organization. See Hawaii Revised Statutes 431:16-105