§431:9B-110 - Penalties and liabilities. - Hawaii Statutes

     [§431:9B-110]  Penalties and liabilities.  (a)  After a hearing conducted in accordance with section 431:2-308, a reinsurance intermediary, insurer, or reinsurer found by the commissioner to be in violation of any provisions of this article shall:

     (1)  For each separate violation, pay a penalty in an amount not exceeding $5,000;

     (2)  Be subject to revocation or suspension of its license; and

     (3)  If a violation was committed by a reinsurance intermediary, the reinsurance intermediary shall make restitution to the insurer, reinsurer, rehabilitator, or liquidator of the insurer or reinsurer for the net losses incurred by the insurer or reinsurer attributable to the violation.

     (b)  The decision, determination, or order of the  commissioner pursuant to subsection (a) shall be subject to judicial review pursuant to chapter 91 and section 431:2-308.

     (c)  Nothing contained in this section shall affect the right of the commissioner to impose any other penalties provided in the insurance law.

     (d)  Nothing contained in this article is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, creditors, or other third parties or confer any rights on those persons. [L 1992, c 176, pt of §6]