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.