Terms Used In Hawaii Revised Statutes > Chapter 431 > Article 3A > Part I - General Provisions

• Affiliate: means any company that controls, is controlled by, or is under common control with another company. See Hawaii Revised Statutes 431:3A-102
• Chambers: A judge's office.
• Commissioner: means the insurance commissioner of the State. See Hawaii Revised Statutes 431:3A-102
• Company: means a corporation, limited liability company, business trust, general or limited partnership, association, sole proprietorship, mutual benefit society, health maintenance organization, nonprofit corporation, or similar organization. See Hawaii Revised Statutes 431:3A-102
• Consumer: means an individual, or that individual's legal representative, who seeks to obtain, obtains, or has obtained an insurance product or service from a licensee that is to be used primarily for personal, family, or household purposes, and about whom the licensee has nonpublic personal information. See Hawaii Revised Statutes 431:3A-102
• Control: means :

  (1) Ownership, control, or power to vote twenty-five per cent or more of the outstanding shares of any class of voting security of the company, directly or indirectly, or acting through one or more other persons;

  (2) Control in any manner over the election of a majority of the directors, trustees, or general partners or individuals exercising similar functions of the company; or

  (3) The power to exercise, directly or indirectly, a controlling influence over the management or policies of the company, as the commissioner determines. See Hawaii Revised Statutes 431:3A-102

• 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.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 201-1
• Enclosed or partially enclosed: means closed in by a roof or overhang and at least two walls. See Hawaii Revised Statutes 328J-1
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Financial product or service: includes a financial institution's evaluation or brokerage of information that the financial institution collects in connection with a request or an application from a consumer for a financial product or service. See Hawaii Revised Statutes 431:3A-102
• Health information: means any information or data except age or gender, whether oral or recorded in any form or medium, created by or derived from a health care provider or the consumer that relates to:

  (1) The past, present, or future physical, mental, or behavioral health or condition of an individual;

  (2) The provision of health care to an individual; or

  (3) Payment for the provision of health care to an individual. See Hawaii Revised Statutes 431:3A-102

• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Nonaffiliated third party: means any person except:

  (1) A licensee's affiliate; or

  (2) A person employed jointly by a licensee and any company that is not the licensee's affiliate; provided that for purposes of this paragraph, a nonaffiliated third party includes the other company that jointly employs the person. See Hawaii Revised Statutes 431:3A-102

• Open to the public: means enclosed or partially enclosed areas to which the public is invited or permitted and areas within any building available for use by or accessible to the general public during the normal course of business conducted therein by either private or public entities, including but not limited to bars, educational facilities, financial institutions, health care facilities, hotel and motel lobbies, lanais, laundromats, public transportation facilities, including airport areas from curb to cabin and including all areas within and immediately in front of and adjacent to passenger terminals and pick-up areas, throughout the airport facility, and up to the passenger loading gates of all state airports, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms, but does not include a private residence unless it is used as a child care, adult day care, or health care facility. See Hawaii Revised Statutes 328J-1
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.