(a) In addition to or in lieu of criminal penalties under section 431:2-403(b), any person who commits insurance fraud as defined under § 431:2-403, may be subject to the administrative penalties in this section.

Terms Used In Hawaii Revised Statutes 431:2-405

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Fraud: Intentional deception resulting in injury to another.
  • Person: means any individual, company, association, organization, group, partnership, business, trust, or corporation; but shall exclude:

    (1) Insurers, as defined in § 431:1-202, and other licensees, as defined in this part; and

    (2) Licensed attorneys acting in their capacity as attorneys for a claimant other than the licensed attorney. See Hawaii Revised Statutes 431:2-401

  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(b) If a person is found to have knowingly committed insurance fraud under this part, the commissioner may assess any or all of the following penalties:

(1) Restitution to any insurer or any other person of benefits or payments fraudulently received or other damages or costs incurred;
(2) A fine of not more than $10,000 for each violation; and
(3) Reimbursement of attorneys’ fees and costs of the party sustaining a loss under this part; provided that the State shall be exempt from paying attorneys’ fees and costs to other parties.
(c) Administrative actions brought for insurance fraud under this part shall be brought within six years after the insurance fraud is discovered or by exercise of reasonable diligence should have been discovered and, in any event, no more than ten years after the date on which a violation of this part is committed.

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