Haw. Rev. Stat. § 431:8-201

Current through the 2024 Legislative Session
Section 431:8-201 - Transacting insurance business without certificate of authority prohibited

It shall be unlawful for any insurer to transact an insurance business in this State, as defined in section 431:1-215, without a certificate of authority; provided that this section shall not apply to:

(1) The lawful transaction of surplus lines insurance;
(2) The lawful transaction of reinsurance by insurers;
(3) Transactions in this State involving a policy lawfully solicited, written, and delivered outside of this State covering only subjects of insurance not resident, located, or expressly to be performed in this State at the time of issuance, and subsequent to the issuance of the policy;
(4) Attorneys acting in the ordinary relation of attorney and client in the adjustment of claims or losses;
(5) Transactions in this State involving group life and group accident and health or sickness or blanket accident and health or sickness insurance or group annuities where the master policy of the groups was lawfully issued in and delivered pursuant to the laws of a state in which the insurer was authorized to do an insurance business; provided that this paragraph shall not apply to transactions of association health plans;
(6) Transactions in this State involving any policy of insurance or annuity contract issued prior to July 1, 1988;
(7) Transactions in this State involving ocean marine insurance; and
(8) Transactions of contracts of insurance for property and casualty multi-state risks; provided that the producer is licensed to sell, solicit, or negotiate that insurance in the home state of the insured.

HRS § 431:8-201

Amended by L 2018, c 199,§ 4, eff. 1/1/2019.
Amended by L 2011, c 68, § 6, eff. 6/1/2011.
L 1987, c 347, pt of §2; am L 1989, c 195, §19; am L 2003, c 212, §43 .