ARTICLE 13

UNFAIR METHODS OF COMPETITION

AND UNFAIR AND DECEPTIVE

ACTS AND PRACTICES IN THE BUSINESS OF INSURANCE

 

PART I. GENERAL PROVISIONS

 

Case Notes

 

Supreme court of Hawai`i would not find that article 13 preempted suits against insurers for deceptive trade practices in violation of 480-2. 95 F.3d 791.

This article does not authorize a private cause of action. 795 F. Supp. 1036.

Article's administrative remedies not exclusive; bad faith cause of action may be brought by first-party insured for insurer misconduct. 82 H. 120, 920 P.2d 334.

As no private cause of action authorized under this article, summary judgment properly granted for workers' compensation insurer against employee's complaint of violation of this article by insurer. 83 H. 457, 927 P.2d 858.

No private cause of action exists under this article. 82 H. 363 (App.), 922 P.2d 976.

 

431:13-101 Purpose. The purpose of this article is to regulate trade practice in the business of insurance in accordance with the intent of the Congress of the United States as expressed in the Act of Congress of March 9, 1945 (Public Law 15, 79th Congress), by defining, or providing for the determination of, all acts, methods, and practices which constitute unfair methods of competition or unfair or deceptive acts or practices in this State, and by prohibiting the trade practices so defined or determined. [L 1987, c 347, pt of 2]

 

Case Notes

 

Cited: 95 F.3d 791.

 

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