HRS §431:20-116
Setting aside money for expected title insurance claims
Title insurance companies in Hawaii must keep money set aside to pay for claims and related costs. When a claim is reported, they must estimate the likely cost and add that amount to the reserve. They must review and update these reserves at least once a year.
The statute, as written — Loss and loss expense reserve
(a) All title insurers licensed in this State shall establish and maintain reserves against unpaid losses and loss expenses. (b) Upon receiving notice from or on behalf of the insured of a title defect in, or lien or adverse claim against, the title of the insured that may result in a loss or cause expense to be incurred in the proper disposition of the claim, the title insurer shall determine the amount to be added to the reserve, which amount shall reflect a careful estimate of the loss or loss expense likely to result by reason of the claim. (c) Reserves required under this section may be revised from time to time and shall be redetermined at least once each year.
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