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HRS §431:14-107.2

Insurance companies cannot fix prices or block competition

This section stops insurance companies and related groups from teaming up to control the market, like forcing everyone to use the same rates or rules. It also bans deals that unfairly limit competition. Using the same rates by chance is not proof of a secret agreement.

The statute, as written — Insurers and organizations, prohibited activity

(a) Except as permitted in this article, no insurer, rating organization, or advisory organization shall: (1) Attempt to monopolize, or combine or conspire with any other person to monopolize an insurance market; or (2) Engage in a boycott, on a concerted basis, of an insurance market. (b) Except as permitted in this article, no insurer shall agree with any other insurer or with a rating organization or with an advisory organization to mandate adherence to or to mandate use of any rate, rating plan, rating schedule, rating rule, policy or bond form, rate classification, rate territory, underwriting rule, survey, inspection, or similar material, except as needed to develop statistical plans permitted by section 431:14-107.1. The fact that two or more insurers, whether or not members or subscribers of a rating organization or advisory organization, use consistently or intermittently the same rates, rating plans, rating schedules, rating rules, policy or bond forms, rate classifications, rate territories, underwriting rules, surveys or inspections, or similar materials is not sufficient in itself to support a finding that an agreement exists. Two or more insurers having a common ownership or operating in this State under common management or control may act in concert between or among themselves with respect to any matters pertaining to those activities authorized in this article as if they constituted a single insurer. (c) Except as permitted in this article, no insurer, rating organization, or advisory organization shall make any arrangement with any other insurer, advisory organization, or other person which has the purpose or effect of restraining trade unreasonably or of substantially lessening competition in the business of insurance.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.