HRS §431:20-121
Filing and rejecting title insurance contract forms
Title insurers must send their contract forms to the insurance commissioner at least 30 days before using them, with a $20 fee. The commissioner can reject forms that break the law, are misleading, or are hard to read. After 30 days, the commissioner can only reject a form after a hearing.
The statute, as written — Contract forms, filing, disapproval
(a) Every title insurer shall at least thirty days before use, file with the commissioner every form of insurance contract which it proposes to issue as to risks located in this State, together with the forms of all printed endorsements or other modifications of such contracts proposed to be used. Each filing shall be accompanied by a $20 fee payable to the commissioner, which fee shall be deposited in the commissioner's education and training fund. (b) The commissioner may disapprove any such form if it: (1) Is in violation of law; (2) Contains inconsistent, ambiguous or misleading clauses, or exceptions and conditions which deceptively affect the risk purported to be assumed in the general coverage of the contract; (3) Has any title, heading or other indication of its provisions which is misleading; or (4) Is printed or otherwise reproduced in such manner as to render any material provision of the form substantially illegible. (c) The commissioner shall not disapprove any such form after expiration of the initial thirty-day advance filing period except after a hearing thereon held in accordance with chapter 91. (d) A title insurer shall not use in this State any form while it is so disapproved by the commissioner.
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