In addition to the information required in section 431:19-102(c) and (d), each sponsored captive insurance company applicant that segregates the risks of its participants through one or more protected cells shall file with the commissioner the following:

(1) All contracts or draft contracts between the sponsored captive insurance company and its participants;

Terms Used In Hawaii Revised Statutes 431:19-302

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Protected cell: means a separate account established by a sponsored captive insurance company formed or licensed under this article in which assets are maintained for one or more participants in accordance with the terms of one or more participant contracts to fund the liability of the sponsored captive insurance company assumed on behalf of the participants as set forth in the participant contracts. See Hawaii Revised Statutes 431:19-101
  • Sponsored captive insurance company: means a captive insurance company:

    (1) In which the minimum required capital and surplus is provided by one or more sponsors;

    (2) That is formed or licensed under this article;

    (3) That insures the risks only of its participants through separate participant contracts; and

    (4) That may fund its liability to each participant through one or more protected cells. See Hawaii Revised Statutes 431:19-101

(2) A description of the means by which the assets, liabilities, income, and expenses of each protected cell shall be segregated from those of other protected cells in the sponsored captive insurance company, and reported to the commissioner; and
(3) A fair and equitable plan for allocating direct and indirect expenses to each protected cell.