HAR §16-23-71. Selection of servicing entities

(a) The commissioner shall select certain insurers or persons as servicing entities, who will provide joint underwriting plan coverage and perform direct §16-23-71 23-32 insurance operations on behalf of joint underwriting plan members. A servicing entity shall be one of the following: (1) An insurer as described in section 16-23-68, with the abilities to provide services as described in section 16-23-77; or (2) A person as described in section 431:1-212, HRS, authorized to provide services as described in section 16-23-77. (b) In making the selection, the commissioner shall consider: (1) Whether the servicing entity is able to process and maintain a high level of service for all risks submitted through agents; (2) Whether the servicing entity has the facilities to provide joint underwriting plan policyholders and assigned claimants a high level of service; (3) Whether the servicing entity is able to service private passenger or commercial lines and to process fluctuating work volumes and maintain quality of service through peak periods; (4) Whether the servicing entity’s claims service is adequate, including an adequately decentralized adjusting staff, a claims examining staff resident in Hawaii, and local authority to settle claims at least up to the statutory basic motor vehicle insurance limits; and (5) Whether the servicing entity is capable of producing accounting and statistical reports and other data as required. [Eff 9/1/80; am and comp 9/1/82; comp 9/1/85; comp 9/1/88; comp 9/15/89; comp 9/1/90; comp 6/1/93; am and comp 1/1/98; comp 1/8/99; comp 11/11/12; am and comp 7/2/22; am and comp 4/17/26] (Auth: HRS §§431:10C-214, 431:10C-406) (Imp: HRS §§431:10C-401 through 431:10C- 404) §16-23-72 23-33 §16-23-72 Classifications eligible for the Joint Underwriting Plan. (a) In addition to the classifications established in section 431:10C-407, HRS, the joint underwriting plan shall provide motor vehicle insurance policies for the following classes of persons, motor vehicles, and uses: (1) Motor vehicles owned by licensed drivers, defined as follows: (A) The applicant or any person who resides in the same household as the applicant and customarily operates the automobile or any other person who regularly and frequently operates the motor vehicle to be insured, who: (i) Within thirty-six months prior to the date of the application has been convicted of operating a motor vehicle without motor vehicle insurance; (ii) Within the eighteen months prior to the date of the application, has been convicted of or forfeited bail for two or more moving traffic violations; or (iii) Has been convicted of any felony involving a motor vehicle; (B) The applicant or any operator of an automobile in the same household who customarily operates the automobile or any other operator who customarily operates the automobile has been involved during the thirty-six month period prior to the date of the application in: (i) Two or more accidents involving bodily injury or death if there is one car in the household or an average of more than one such accident for all cars in the household, provided that a loss payment has been made or a loss §16-23-72 23-34 reserve has been established for such accidents; (ii) Two or more accidents involving damage to any property, including their own, of $1,000 or more if there is one car in the household, or an average of more than one such accident for all cars in the household, provided that loss payments or reserves under the comprehensive physical damage coverage shall not be counted; or (iii) A combination of two or more such accidents of the type specified in subparagraph (B)(i) or (ii). Accidents under subparagraph (B)(i), (ii), or (iii) shall not be counted unless it can be clearly demonstrated that the applicant or other operator referred to therein was at fault. Accidents occurring under the following circumstances would tend to demonstrate that the applicant or operator was not at fault: Automobile was lawfully parked (an automobile rolling from a parked position shall not be considered as lawfully parked, but shall be considered as the operation of the last operator); or Applicant or other operator residing in the same household, was reimbursed by, or on behalf of, a person responsible for the §16-23-72 23-35 accident or has judgment against that person; or Automobile for the applicant or other operator resident in the same household was struck in the rear by another vehicle, and the operator has not been convicted of a moving traffic violation in connection with the accident; or Operator of the other automobile involved in the accident was convicted of a moving traffic violation and the named insured or other operator resident in the same household was not convicted of a moving traffic violation in connection therewith; or Automobile operated by the applicant or other operator resident in the same household was damaged as a result of contact with a hit-and-run driver, if the accident was reported to proper authority within twenty-four hours; or Accidents involving contact with animals or fowl; or Accidents involving physical damage, limited to and caused by flying gravel, missiles, or falling objects; and (2) All other motor vehicles, not classified under paragraph (1) or section 431:10C-407, HRS, owned by licensed drivers who are unable to obtain motor vehicle insurance policies and optional additional insurance through ordinary methods. §16-23-72 23-36 (b) The joint underwriting plan shall also provide required optional additional insurance for the above classes, with the exception of licensed drivers receiving public assistance benefits and unlicensed permanently disabled individuals who own their motor vehicle and receive public assistance benefits. (c) The joint underwriting plan shall provide a named non-owner policy for any applicant. [Eff 9/1/80; am and comp 9/1/82; am and comp 9/1/85; comp 9/1/88; comp 9/15/89; am and comp 9/1/90; am 9/1/91; am and comp 6/1/93; am 1/30/95; am 8/12/96; am and comp 1/1/98; am and comp 1/8/99; comp 11/11/12; am and comp 7/2/22; am and comp 4/17/26] (Auth: HRS §§431:10C-214, 431:10C-406) (Imp: HRS §431:10C-407)