HAR §11-280.1-108
HAR §11-280.1-108. assurance
Cite as Haw. Code R. § 11-280.1-108
[Eff 7/15/18; comp 1/17/20; comp 7/8/21;
comp
MAR 21 2025
]
{Auth »
HRS §§342L-3, 342L-36)
(Imp:
HRS §§3421-3, 342L-36)
§11-280.1-109
Cancellation or nonrenewa1 by a
provider of financial assurance.
{a) Except as
otherwise provided, a provider of financial assurance
may cancel or fail to renew an assurance mechanism by
sending a notice of termination by certified mail to
the owner or operator.
(1)
Termination of a local government guarantee,
a guarantee, a surety bond, or a letter of
credit may not occur until one hundred
twenty days after the date on which the
owner or operator receives the notice of
termination, as evidenced by the return
receipt.
(2)
Termination of insurance or risk retention
coverage, except for non-payment or
misrepresentation by the insured, may not
occur until sixty days after the date on
which the owner or operator receives the
notice of termination, as evidenced by the
return receipt.
Termination for non-payment
of premium or misrepresentation by the
insured may not occur until a minimum of ten
days after the date on which the owner or
operator receives the notice of termination,
as evidenced by the return receipt.
{b)
If a provider of financial responsibility
cancels or fails to renew for reasons other than
incapacity of the provider as specified in section
11-280.1-114, the owner or operator must obtain
alternate coverage as specified in this subchapter
within sixty days after receipt of the notice of
termination.
If the owner or operator fails to obtain
alternate coverage within sixty days after receipt of
the notice of termination, the owner or operator must
notify the director of such failure and submit:
(1)
The name and address of the provider of
280.1-172
3 5 8 4
§11-280.1-110
financial assurance;
(2}
The effective date of termination; and
(3}
The evidence of the financial assurance
mechanism subject to the termination
maintained in accordance with section
11-280.1-lll(b).
[Eff 7/15/18; comp
1/17/20; comp 7/8/21; comp MAR 212025
(Auth:
HRS §§342L-3, 342L-36)
(Imp:
HRS
§§3421-3, 342L-36)