HRS §431:10D-624
Who fixes violations and what penalties apply
The insurance commissioner can order insurers, agencies, and producers to fix harm caused by breaking this part. Penalties from other insurance laws may apply, but can be reduced if the problem is fixed quickly or was a one-time mistake. Only the commissioner can enforce these rules.
The statute, as written — Compliance mitigation; penalties; enforcement
(a) An insurer shall be responsible for compliance with this part. If a violation occurs because of the action or inaction of the insurer or its producer, the commissioner may order: (1) An insurer to take reasonably appropriate corrective action for any consumer harmed by a failure to comply with this part by the insurer, an entity contracted to perform the insurer's supervisory duties, or by the producer; (2) A business entity, general agency, independent agency, or the producer to take reasonably appropriate corrective action for any consumer harmed by the producer's violation of this part; and (3) Appropriate penalties and sanctions. (b) Any penalty applicable to an insurer, a managing general agent, independent agencies, or a producer under article 13 of chapter 431 may be applicable to a violation of this part; provided that penalties may be reduced or eliminated if corrective action for the consumer was taken promptly after a violation was discovered or if the violation was not part of a pattern or practice. (c) The authority to enforce compliance with this part is vested exclusively with the commissioner.
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