(a) The purpose of this part is to protect, subject to certain limitations, the persons specified in § 431:16-203 against failure in the performance of contractual obligations, under life and accident and health or sickness insurance policies and annuity contracts specified in section 431:16-203(b), because of the impairment or insolvency of the member insurer that issued the policies or contracts.

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Terms Used In Hawaii Revised Statutes 431:16-202

  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Association: means the Hawaii life and disability insurance guaranty association created under § 431:16-206. See Hawaii Revised Statutes 431:16-205
  • Member insurer: means any insurer licensed or who holds a certificate of authority to transact in this State any kind of insurance for which coverage is provided under § 431:16-203, and includes any insurer whose license or certificate of authority in this State may have been suspended, revoked, not renewed, or voluntarily withdrawn, but does not include:

    (1) A nonprofit hospital or medical service organization;

    (2) A health maintenance organization;

    (3) A fraternal benefit society;

    (4) A mandatory state pooling plan;

    (5) A mutual assessment company or any entity that operates on an assessment basis;

    (6) An insurance exchange;

    (7) An organization that has a certificate or license limited to the issuance of charitable gift annuities; or

    (8) Any entity similar to any of the above. See Hawaii Revised Statutes 431:16-205

(b) To provide this protection, an association of insurers is created to pay benefits and to continue coverages as limited herein, and members of the association are subject to assessment to provide funds to carry out the purpose of this part.