ARTICLE 13

UNFAIRMETHODS OF COMPETITION

AND UNFAIRAND DECEPTIVE

ACTS ANDPRACTICES IN THE BUSINESS OF INSURANCE

 

PART I.Ā GENERAL PROVISIONS

 

Case Notes

 

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

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

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

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

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

 

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

 

Case Notes

 

Ā  Cited:Ā  95 F.3d 791.