Report Title:
Insurance Companies; Unfair Methods of Competition
Description:
Amends antitrust and unfair competition section of the Insurance Code to allow any person to bring a lawsuit for enforcement.
THE SENATE |
S.B. NO. |
1573 |
TWENTY-SECOND LEGISLATURE, 2003 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to unfair methods of competition and unfair and deceptive acts and practices in the business of insurance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to enable individuals to file a complaint with the commission to enforce the provisions of this section.
SECTION 2. Section 431:13-105, Hawaii Revised Statutes, is amended by amending subsection (105) to read as follows:
"§431:13-105 Power of commissioner. (a) The commissioner may examine and investigate into the affairs of every person engaged in the business of insurance in this State in order to determine whether the person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by section 431:13-102.
(b) The commissioner shall receive complaints filed by consumers pursuant to §431:13-___ and may examine and investigate the complaint pursuant to subsection (a).
(c) Nothing in this section shall be interpreted to prohibit any consumer from filing an action pursuant to §480-2."
SECTION 3. Chapter 431:13, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§431:13- Complaints by insurance consumers. Any insurance consumer may file a complaint with the insurance commissioner based on unfair or deceptive acts or practices declared unlawful by this section."
SECTION 4. Section 431:13-107, Hawaii Revised Statutes, is repealed.
["§431:13-107 Commissioner's right of action. All remedies, penalties and proceedings set forth in this article are to be invoked solely and exclusively by the commissioner."]
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
INTRODUCED BY: |
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