HRS §431:33-106
Rules for selling pet wellness programs
This section sets rules for pet insurers and insurance producers who sell wellness programs. They cannot market these programs as pet insurance. If they sell them, they must keep the program separate from pet insurance, disclose it is not insurance, and follow advertising rules. Some wellness programs may be treated as insurance.
The statute, as written — 33-106] Sales practices for wellness programs; when deemed insurance
(a) A pet insurer or an insurance producer shall not market a wellness program as pet insurance. (b) If a wellness program is sold by a pet insurer or an insurance producer: (1) The purchase of the wellness program shall not be a requirement to the purchase of pet insurance; (2) The costs of the wellness program shall be separate and identifiable from any pet insurance policy sold by a pet insurer or an insurance producer; (3) The terms and conditions for the wellness program shall be separate from any pet insurance policy sold by a pet insurer or an insurance producer; (4) The products or coverages available through the wellness program shall not duplicate products or coverages available through the pet insurance policy; (5) The advertising of the wellness program shall not be misleading and shall be in accordance with this subsection; and (6) A pet insurer or an insurance producer shall clearly disclose the following to consumers, printed in twelve-point boldface type: (A) That wellness programs are not insurance; (B) The address and customer service telephone number of the pet insurer or insurance producer or broker of record; and (C) The insurance division's mailing address, toll-free telephone number, and website address. (c) Coverages included in the pet insurance policy contract described as "wellness" benefits shall be deemed insurance. (d) If a wellness program undertakes to indemnify another or pays a specified amount upon determinable contingencies, the wellness program shall be deemed to be transacting an insurance business as described in section 431:1-215 and shall be subject to this chapter. (e) A wellness program shall not be construed to classify a contract that is directly between a service provider and a pet owner and only involves the two parties as transacting an insurance business as described in section 431:1-215, unless other indications of insurance also exist.
Sections this one refers to
§431:1-215 What counts as doing insurance business in Hawaii
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