(a) Applicants seeking licensure under this part shall comply with applicable licensing requirements under chapter 431.

Terms Used In Hawaii Revised Statutes 431:9A-142

  • Commissioner: means the insurance commissioner. See Hawaii Revised Statutes 431:9A-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Individual: means a natural person. See Hawaii Revised Statutes 431:9A-102
  • License: means a document issued by the commissioner authorizing a person to act as an insurance producer for the lines of authority specified in the document. See Hawaii Revised Statutes 431:9A-102
  • Motor vehicle renter: means any person obtaining the use of a vehicle from a rental company under the terms of a rental agreement for a rental period not to exceed ninety days. See Hawaii Revised Statutes 431:9A-141
  • producer: means a person required to be licensed under the laws of this State to sell, solicit, or negotiate insurance. See Hawaii Revised Statutes 431:9A-102
  • rental agreement: means any written agreement setting forth the terms and conditions governing the use of a motor vehicle that is rented or leased from a rental company. See Hawaii Revised Statutes 431:9A-141
  • rental company: means any person that is primarily in the business of providing motor vehicles to the public under a motor vehicle rental agreement for a rental period not to exceed ninety days. See Hawaii Revised Statutes 431:9A-141
  • rental company producer: means a motor vehicle rental company that is licensed by the commissioner to solicit and sell insurance coverages only in connection with and which are incidental to the rental company's business of renting motor vehicles. See Hawaii Revised Statutes 431:9A-141
  • Sell: means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company. See Hawaii Revised Statutes 431:9A-102
  • Solicit: means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company. See Hawaii Revised Statutes 431:9A-102
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • vehicle: means a motor vehicle:

    (1) Of the private passenger type including passenger vans, minivans, and sport utility vehicles; or

    (2) Of the cargo type, including cargo vans or pickup trucks with a gross vehicle weight of less than twenty-six thousand pounds,

    that do not require a commercial driver's license for the operation of the vehicle. See Hawaii Revised Statutes 431:9A-141

(b) The commissioner may issue a limited lines motor vehicle rental company producer license to a motor vehicle rental company; provided that:

(1) A motor vehicle rental company having a limited lines motor vehicle rental company producer‘s license shall also authorize employees of the motor vehicle rental company to act individually on behalf of, and under the supervision of, the motor vehicle rental company in solicitation and sale of insurance coverages;
(2) Except as set forth in this section, a limited lines motor vehicle rental company producer and its employees shall not advertise or otherwise represent themselves as licensed insurers, insurance agents, insurance producers, or insurance brokers;
(3) A limited lines motor vehicle rental company producer may solicit or sell insurance at the rental office or by preselecting coverages in master, corporate, group rental, or individual agreements in any of the following general categories:

(A) Personal accident insurance covering the risks of travel to the motor vehicle renter and other occupants of the rental vehicle for accident and health or sickness insurance covering accidental death or dismemberment and reimbursement for medical expenses resulting from an occurrence during the rental period;
(B) Liability insurance, uninsured motorist insurance, or underinsured motorist insurance covering the motor vehicle renter and other authorized drivers of the rental vehicle for liability and damage arising from the operation of the rental vehicle;
(C) Personal effects insurance covering the motor vehicle renter and other vehicle occupants for the loss of or damage to personal effects that occur during the rental period;
(D) Roadside assistance and emergency sickness protection programs; and
(E) Incidental travel or vehicle related coverages, which the motor vehicle rental company solicits or sells in connection with the rental of its vehicles;
(4) The limited lines motor vehicle rental company producer shall have brochures or other written materials readily available for review and dissemination to prospective motor vehicle renters that:

(A) Summarize clearly and correctly the material terms of coverages solicited or sold by the motor vehicle rental company producer, including the identity of the insurer;
(B) Disclose that the coverages solicited by the motor vehicle rental company producer may provide a duplication of coverages already provided by a renter’s personal motor vehicle insurance policy or other sources of coverage;
(C) State that purchases by the motor vehicle renter of the kinds of coverages offered by the motor vehicle rental company producer is not required to rent a vehicle; and
(D) Describe the process for filing a claim if the renter elects to purchase coverages;
(5) The motor vehicle rental company producer shall disclose in the motor vehicle rental agreement evidence of insurance coverages elected or declined by the motor vehicle renter;
(6) The motor vehicle rental company producer shall conduct training programs for its employees who solicit and sell the rental company producer’s insurance coverages;
(7) The motor vehicle rental company producer shall not be required to hold funds collected as payments for insurance in a separate trust account; and
(8) The motor vehicle rental company producer shall comply with all provisions of chapter 437D.
(c) The commissioner may prescribe, approve, or furnish forms calling for any information that the commissioner deems proper in connection with the application for or extension of these limited licenses.
(d) The limited license shall not be issued until all applicable licensing fees required by article 7 have been paid.

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