672B-1 Definitions
672B-2 Administration of chapter
672B-3 Design claim conciliation panels; composition, selection, compensation
672B-4 Waiver of filing fee
672B-5 Review by panel required; notice; presentation of claims; request for a more definite statement of the claim
672B-6 Certificate of consultation
672B-7 Design claim conciliation panel hearing; fact-finding; evidence; voluntary settlement
672B-8 Design claim conciliation panel hearing; persons attending
672B-9 Design claim conciliation panel hearing; decisions
672B-10 Expungement of records; liability insurance rates
672B-11 Subsequent litigation; excluded evidence
672B-12 Arbitration; subsequent litigation
672B-13 Submission of claim to an alternative dispute resolution provider
672B-14 Immunity of panel members from liability
672B-15 Statute of limitations tolled
672B-16 Duty to cooperate; assessment of costs and fees
672B-17 Annual report

Terms Used In Hawaii Revised Statutes > Chapter 672B

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Articles of organization: means initial, amended, and restated articles of organization and articles of merger. See Hawaii Revised Statutes 428-101
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Commissioner: means the insurance commissioner of the State of Hawaii. See Hawaii Revised Statutes 431:2D-102
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: means a written or documented oral communication to the insurance division primarily expressing a grievance, meaning an expression of dissatisfaction. See Hawaii Revised Statutes 431:2D-102
  • Comprehensive market conduct examination: means a review of one or more lines of business of an insurer domiciled in this State that is not conducted for cause. See Hawaii Revised Statutes 431:2D-102
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 672B-1
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Design professional: means a professional engineer, architect, surveyor, or landscape architect licensed under chapter 464. See Hawaii Revised Statutes 672B-1
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 672B-1
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Foreign limited liability company: means an unincorporated entity organized under laws other than the laws of this State which afford limited liability to its owners comparable to the liability under section 428-303 and is not required to obtain a certificate of authority to transact business under any law of this State other than this chapter. See Hawaii Revised Statutes 428-101
  • Fraud: Intentional deception resulting in injury to another.
  • Individual: means a natural person. See Hawaii Revised Statutes 428-101
  • Insurance compliance audit: means a voluntary, internal evaluation, review, assessment, audit, or investigation for the purpose of identifying or preventing noncompliance with, or promoting compliance with laws, regulations, orders, or industry or professional standards, which is conducted by or on behalf of an insurer, or which involves an insurer activity regulated by the commissioner. See Hawaii Revised Statutes 431:2D-102
  • Insurance compliance self-evaluative audit document: means documents prepared as a result of or in connection with an insurance compliance audit. See Hawaii Revised Statutes 431:2D-102
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • 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.
  • Limited liability company: means a limited liability company organized under this chapter. See Hawaii Revised Statutes 428-101
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Manager: means a person, whether or not a member of a manager-managed limited liability company, who is vested with authority under section 428-301(b). See Hawaii Revised Statutes 428-101
  • Market analysis: means a process whereby market conduct surveillance personnel collect and analyze information from filed schedules, surveys, required reports, and other sources to develop a baseline and to identify patterns or practices of insurers licensed to do business in this State that deviate significantly from the norm or that may pose a potential risk to the insurance consumer. See Hawaii Revised Statutes 431:2D-102
  • Market conduct action: means any of the full range of activities that the commissioner may initiate to assess the market and practices of individual insurers, beginning with market analyses and extending to targeted examinations. See Hawaii Revised Statutes 431:2D-102
  • Market conduct examination: means the examination of the insurance operations of an insurer licensed to do business in this State to evaluate compliance with the applicable laws and rules of this State. See Hawaii Revised Statutes 431:2D-102
  • Market conduct surveillance personnel: means those individuals employed or contracted by the commissioner to collect, analyze, review, or act on information about the insurance marketplace, which identifies patterns or practices of insurers. See Hawaii Revised Statutes 431:2D-102
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • National Association of Insurance Commissioners: means the organization of insurance regulators from the fifty states, the District of Columbia, and the four United States territories. See Hawaii Revised Statutes 431:2D-102
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person: includes any individual or entity. See Hawaii Revised Statutes 428-101
  • Qualified contract examiner: means a person under contract to the commissioner, who is qualified by education, experience and, where applicable, professional designations, to perform market conduct actions. See Hawaii Revised Statutes 431:2D-102
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 428-101
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Targeted examination: means a focused examination conducted for cause, based on the results of market analysis indicating the need to review either a specific line of business or specific business practices, including but not limited to underwriting and rating, marketing and sales, complaint handling operations, advertising materials, licensing, policyholder services, non-forfeitures, claims handling, or policy forms and filings. See Hawaii Revised Statutes 431:2D-102
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.