431:9-105  Definitions.  As used in this article, unless the context otherwise requires:

Terms Used In Hawaii Revised Statutes 431:9-105

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.

     “Adjuster”:

     (1)  Means any individual who:

          (A)  Acts solely on behalf of either the insurer or the insured, as an independent contractor or as an employee of an independent contractor; and

          (B)  Investigates for, reports to, or adjusts for the individual’s principal relative to claims arising under insurance contracts; but

     (2)  Does not include an individual who is:

          (A)  An attorney at law who adjusts insurance losses from time to time incidental to the practice of the attorney’s profession;

          (B)  An adjuster of marine losses;

          (C)  A salaried employee of an insurer or salaried employee of an adjusting corporation or an association owned or controlled by an insurer; or

          (D)  An individual who acts for a self-insurer or for an insured that administers its own group insurance contract.

     “Independent adjuster” means an adjuster representing the interests of the insurer.

     “Independent bill reviewer”:

     (1)  Means any individual who:

          (A)  Acts solely on behalf of either the insurer as an independent contractor or as an employee of an independent contractor; and

          (B)  Reviews or audits billings for medical services; but

     (2)  Does not include an individual who is:

          (A)  A salaried employee of an insurer or salaried employee of an adjusting corporation or an association owned or controlled by an insurer; or

          (B)  A database provider for the insurer.

     “Public adjuster” means an adjuster employed by and solely representing the financial interests of the insured named in the policy.