HRS §432:2-607
When the state can suspend or revoke a foreign society's license
This section explains how the insurance commissioner can act if a foreign or alien society (an out-of-state insurance group) breaks rules, acts fraudulently, or is unsafe. The commissioner must first tell the society what is wrong and give it a chance to fix the problem. If it does not fix it, the commissioner can hold a hearing and may suspend or revoke its license to do business in Hawaii.
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The statute, as written — Suspension, revocation or refusal of license of foreign or alien society
(a) When the commissioner upon investigation finds that a foreign or alien society transacting or applying to transact business in this State: (1) Has exceeded its powers; (2) Has failed to comply with any of the provisions of this article; (3) Is not fulfilling its contracts in good faith; or (4) Is conducting its business fraudulently or in a manner hazardous to its members or creditors or the public; the commissioner shall notify the society of such deficiency or deficiencies and state in writing the reasons for the commissioner's dissatisfaction. The commissioner shall at once issue a written notice to the society requiring that the deficiency or deficiencies which exist are corrected. After such notice the society shall have a thirty-day period in which to comply with the commissioner's request for correction. If the society fails to comply the commissioner shall notify the society of such findings of noncompliance and require the society to show cause on a date named why its license should not be suspended, revoked or refused. If on such date the society does not present good and sufficient reason why its authority to do business in this State should not be suspended, revoked or refused, the commissioner may suspend or refuse the license of the society to do business in this State until satisfactory evidence is furnished to the commissioner that such suspension or refusal should be withdrawn or the commissioner may revoke the authority of the society to do business in this State. (b) Nothing contained in this section shall be taken or construed as preventing any society from continuing in good faith all contracts made in this State during the time the society was legally authorized to transact business in this State.
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