§431:13-202 - Penalty for violation of cease and desist orders. - Hawaii Statutes

     §431:13-202  Penalty for violation of cease and desist orders.  (a)  Any person who violates a cease and desist order of the commissioner under section 431:13-201 may be subject at the discretion of the commissioner, after notice and hearing and upon order of the commissioner, to either or both of the following:

     (1)  A fine of not more than $10,000 for each and every act in violation of the cease and desist order; or

     (2)  Suspension or revocation of the person's license.

     (b)  No order of the commissioner pursuant to this section or order of court to enforce it shall in any way relieve or absolve any person affected by the order from any other liability, penalty, or forfeiture required by law. [L 1987, c 97, §1 and c 347, pt of §2 and L 1989, c 276, §1]

 

Case Notes

 

  Pursuant to subsection (b), article's administrative remedies not exclusive; bad faith cause of action may be brought by first-party insured for insurer misconduct.  82 H. 120, 920 P.2d 334.