HAR §16-7-10
HAR §16-7-10. Joint liability for plan business
Cite as Haw. Code R. § 16-7-10
(a) In the event of the failure
of any member, through insolvency or otherwise, to pay promptly its portion of
any loss or expense after the board of directors shall have made written demand
upon it to pay the loss or expense, the board shall report the delinquency to the
insurance commissioner for appropriate action.
(b)
If the loss or expense remains unpaid beyond a reasonable period,
all of the other members, upon notification by the board, shall promptly pay their
respective shares, each contributing its respective share as provided in section
16-7-3 with the basis of sharing adjusted to exclude the premiums written of the
member in default. Members which have made contributions shall have the right
of recovery therefor against the member in default, provided, the board of
directors may enter into an agreement with any such member in default, or with
the legal representative thereof,
upon an amount which shall constitute a full
settlement of all of the obligations of said member to the remaining members.
[Eff 6/22/81] (Auth: HRS §435C-2) (Imp: HRS §435C-3)