Hawaii · statute · Haw. Rev. Stat. ch. 481R · 13 active provisions
As used in this chapter: "Commissioner" means the insurance commissioner. "Consumer" means a person in this State who purchases or otherwise possesses a vehicle protection product. "Department" means the department of commerce and consumer affairs. "Reimbursement insurance policy" means a policy of insurance issued to…
(a) This chapter shall apply only to vehicle protection products delivered to consumers in the State of Hawaii, the warranties of which require the warrantor, to the extent agreed on as part of the warranty, to pay expenses to the consumer for the loss of or damage to the vehicle. (b) A vehicle protection product which…
(a) The commissioner may adopt rules under chapter 91 as necessary to implement this chapter. (b) The commissioner may conduct investigations of warrantors or other persons as reasonably necessary to enforce this chapter and to protect consumers in this State. On request of the commissioner, a warrantor shall make the…
(a) Before conducting business in this State or issuing any warranty, a warrantor shall register with the commissioner, on a form prescribed by the commissioner, and shall pay to the commissioner a fee as provided under section 431:7-101. A person who sells or solicits a vehicle protection product, but who is not a war…
(a) To ensure the adequate performance of a warrantor's obligations to a consumer, each warrantor shall comply with financial security requirements by insuring each vehicle protection product warranty issued by the warrantor under a reimbursement insurance policy issued by an insurer authorized to engage in the busines…
(a) In order for a warrantor to comply with section 481R-5(a), the warrantor's insurance policy shall state that: (1) The insurer that issued the policy shall reimburse or pay on behalf of the warrantor any covered amounts the warrantor is legally obligated to pay or shall provide the service that the warrantor is lega…
(a) A warrantor may appoint a designee to be responsible for any or all of the administration of vehicle protection products and for compliance with this chapter. The designee shall be liable to the extent the warrantor would be liable for violations of this chapter committed by the designee. (b) A vehicle protection p…
(a) Each warrantor shall maintain accurate accounts, books, and other records regarding transactions regulated under this chapter. The warrantor's records shall include: (1) A copy of the warranty for each unique form of vehicle protection product sold; (2) The name and address of each consumer; (3) A list of the locat…
(a) Each vehicle protection product warranty marketed, sold, offered for sale, issued, made, proposed to be made, or administered in this State shall be written, printed, or typed, in clear, understandable, and easy to read language, and shall disclose the applicable requirements set forth in this section. (b) The obli…
(a) Each vehicle protection product warranty shall state the terms, restrictions, or conditions if any, governing cancellation of the warranty by the warrantor before the expiration date of the warranty. Cancellation may only occur under this section for: (1) Nonpayment by the consumer for the vehicle protection produc…
(a) A warrantor shall not use: (1) In its name, the word "casualty", "surety", "insurance", or "mutual" or any other word descriptive of the casualty, insurance, or surety business; or (2) A name deceptively similar to the name or description of any insurance company, surety corporation, or other warrantor. (b) A warra…
(a) A warrantor or a warrantor's representative, in the warrantor's vehicle protection product warranty or in an advertisement or literature for the warranty, may not: (1) Make, permit, or cause to be made any false or misleading statement; or (2) Deliberately omit a material statement that would be considered misleadi…
(a) The commissioner may take any action necessary or appropriate to enforce this chapter, and the rules adopted and orders issued hereunder, which is consistent with the provisions of this chapter. The commissioner may conduct investigations and examinations of warrantors, administrators, insurers, or other persons. I…