Terms Used In Hawaii Revised Statutes > Chapter 431 > Article 16 > Part I - Property and Liability Insurance Guaranty Association

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affiliate: means a person who, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with an insolvent insurer on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer. See Hawaii Revised Statutes 431:16-105
• Amusement ride: means a mechanically or electrically operated device designed to carry passengers in various modes and used for entertainment and amusement. See Hawaii Revised Statutes 397-3
• 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.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appeals board: means the labor and industrial relations appeals board established by § 371-4. See Hawaii Revised Statutes 397-3
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: means the Hawaii insurance guaranty association created under § 431:16-106. See Hawaii Revised Statutes 431:16-105
• Attorney general: means the state attorney general or deputy attorneys general. See Hawaii Revised Statutes 245-1
• Boiler: means a closed vessel in which water or other liquid is heated, steam or vapor is generated, steam or vapor is superheated, or any combination thereof under pressure for use external to itself, by the direct application of energy from the combustion of fuels, or from electricity or solar energy. See Hawaii Revised Statutes 397-3
• Carrier: means a person who engages in transportation, and does not include a person such as freight forwarder or tour packager who provides transportation by contracting with others, except to the extent that such person oneself engages in transportation. See Hawaii Revised Statutes 239-2
• Cigarette: means any roll for smoking made wholly or in part of tobacco, irrespective of size and shape and whether or not the tobacco is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material except tobacco. See Hawaii Revised Statutes 245-1
• Claimant: means any insured making a first party claim or any person instituting a liability claim; provided that no person who is an affiliate of the insolvent insurer may be a claimant. See Hawaii Revised Statutes 431:16-105
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
• Consumer: means a person who acquires or possesses a cigarette or a tobacco product for personal consumption and not for resale or distribution. See Hawaii Revised Statutes 245-1
• Contract: A legal written agreement that becomes binding when signed.
• Contractor: means any person, firm, or corporation installing, repairing, or servicing and responsible for the safe operation of any boiler, pressure system, amusement ride, or elevator and kindred equipment or structure inspected pursuant to this chapter. See Hawaii Revised Statutes 397-3
• Control: means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. See Hawaii Revised Statutes 431:16-105
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means any person coming into the possession of cigarettes or tobacco products which have not been acquired from an authorized permit holder or licensee under this chapter, or any person rendering a distribution service who buys and maintains, at the person's place of business, a stock of cigarettes or tobacco products that have not been acquired from a licensee and who distributes or uses such cigarettes or tobacco products. See Hawaii Revised Statutes 245-1
• Department: means the department of taxation. See Hawaii Revised Statutes 245-1
• Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 396-3
• Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 397-3
• Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 397-3
• distribution: means to sell, ship, transfer, give, or deliver to another, or to leave, barter, or exchange with another, or to offer or agree to do the same. See Hawaii Revised Statutes 245-1
• Division: means the division of occupational safety and health. See Hawaii Revised Statutes 397-3
• E-liquid: means any liquid or like substance, which may or may not contain nicotine, that is designed or intended to be used in an electronic smoking device, whether or not packaged in a cartridge or other container. See Hawaii Revised Statutes 245-1
• Electronic smoking device: means any device that may be used to deliver any aerosolized or vaporized substance to a person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic pipe, vape pen, or electronic hookah. See Hawaii Revised Statutes 245-1
• Elevator: means a hoisting and lowering mechanism permanently installed in a structure, designed to carry passengers or authorized personnel, equipped with a car or platform which moves in fixed guides and serves two or more fixed landings. See Hawaii Revised Statutes 397-3
• Elevators and kindred equipment: means elevators, escalators, dumbwaiters, moving walks, stage lifts, inclined lifts, personnel hoists, permanently installed material lifts, and any other similar mechanized equipment used to convey people in places other than a public right-of-way. See Hawaii Revised Statutes 397-3
• Employee: means every natural person who is required or directed or permitted or suffered by any employer to engage in any employment, or to go to work or be at any time in any place of employment. See Hawaii Revised Statutes 396-3
• Entity: means one or more individuals, a company, corporation, a partnership, an association, or any other type of legal entity. See Hawaii Revised Statutes 245-1
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Exclusive employment: means a qualified boiler inspector who is employed on a full-time or part-time basis to provide inspection services within the scope of their National Board commission exclusively for only one authorized inspection agency or owner-user inspection organization. See Hawaii Revised Statutes 397-3
• gross income: includes charges billed for mobile telecommunications services provided by a home service provider to a customer with a place of primary use in this State when the mobile telecommunications services originate and terminate within the same state; provided that all such charges for mobile telecommunications services that are billed by or for the home service provider are deemed to be provided by the home service provider at the customer's place of primary use, regardless of where the mobile telecommunications services originate, terminate, or pass through. See Hawaii Revised Statutes 239-2
• Hoisting machine: means a machine with a hoist line, sling, or hydraulic lifting mechanism used in construction, demolition, or excavation work. See Hawaii Revised Statutes 396-3
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insolvent insurer: means an insurer licensed to transact insurance in this State, either at the time the policy was issued or when the insured event occurred, and against whom a final order of liquidation has been entered after May 16, 2000 with a finding of insolvency by a court of competent jurisdiction in the insurer's state of domicile. See Hawaii Revised Statutes 431:16-105
• Insured: means any named insured, any additional insured, any vendor, any lessor, or any other party identified as an insured under the policy. See Hawaii Revised Statutes 431:16-105
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Large cigar: means any roll for smoking made wholly or in part of tobacco if such product is wrapped in any substance containing tobacco and weighs more than four pounds per thousand. See Hawaii Revised Statutes 245-1
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means a license granted under this chapter, that authorizes the holder to engage in the business of a wholesaler or dealer of cigarettes or tobacco products in the State. See Hawaii Revised Statutes 245-1
• Licensee: means the holder of a license as a wholesaler or dealer granted under this chapter. See Hawaii Revised Statutes 245-1
• Little cigar: means any roll for smoking made wholly or in part of tobacco if such product is wrapped in any substance containing tobacco, other than natural leaf tobacco, and weighs not more than four pounds per thousand rolls. See Hawaii Revised Statutes 245-1
• Member insurer: means any person who:

  (1) Writes any kind of insurance to which this part applies under § 431:16-103, including the exchange of reciprocal or inter-insurance contracts; and

  (2) Is licensed to transact insurance in this State. See Hawaii Revised Statutes 431:16-105

• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• National Board: means the National Board of Boiler and Pressure Vessel Inspectors. See Hawaii Revised Statutes 397-3
• Net direct written premiums: means direct gross premiums written in this State on insurance policies to which this part applies, including policy and membership fees, less the following amounts:

  (1) Return premiums;

  (2) Premiums on policies not taken; and

  (3) Dividends paid or credited to policyholders on such direct business. See Hawaii Revised Statutes 431:16-105

• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Owner: means any person, firm, or corporation with legal title to any boiler, pressure system, amusement ride, or elevator and kindred equipment inspected pursuant to this chapter who may or may not be the user. See Hawaii Revised Statutes 397-3
• Owner-user inspection organization: means an owner or user of pressure retaining items, whose organization and inspection procedures meet the requirements of the National Board, and is approved by the director. See Hawaii Revised Statutes 397-3
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Permit to operate: means a certificate issued by the department that indicates that the pressure retaining item, amusement ride, or elevator and kindred equipment has met the required safety inspection and tests required by this chapter and rules adopted under this chapter, and that required fees have been paid as set forth in this chapter. See Hawaii Revised Statutes 397-3
• Permittee: means the holder of a retail tobacco permit in accordance with this chapter. See Hawaii Revised Statutes 245-1
• Person: means any individual, corporation, partnership, association, or voluntary organization. See Hawaii Revised Statutes 431:16-105
• Personal property: All property that is not real property.
• Persons: means one or more people, a company, corporation, a partnership, or an association. See Hawaii Revised Statutes 245-1
• place of business: means the entire premises occupied by a retail tobacco permit applicant or an entity required to hold a retail tobacco permit under this chapter and shall include but is not limited to any store, stand, outlet, vehicle, cart, location, vending machine, or structure from which cigarettes or tobacco products are sold or distributed to a consumer. See Hawaii Revised Statutes 245-1
• Possession: means knowingly having direct physical control at a given time or knowingly having the power and the intention, at a given time, to exercise dominion or control, either directly or through another entity. See Hawaii Revised Statutes 245-1
• Pressure piping: means piping systems specified in the American Society of Mechanical Engineers Power Piping Code B31. See Hawaii Revised Statutes 397-3
• Pressure retaining item: means a boiler, pressure vessel, or pressure system. See Hawaii Revised Statutes 397-3
• Pressure system: means either a pressure vessel or pressure piping as defined in this section. See Hawaii Revised Statutes 397-3
• Pressure vessel: means a closed vessel in which pressure is obtained from an external source or by the direct application of heat from a direct or indirect source. See Hawaii Revised Statutes 397-3
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Prosecuting attorney: means the prosecuting attorney or the deputy prosecuting attorneys of each of the respective counties. See Hawaii Revised Statutes 245-1
• Receiver: includes liquidator, rehabilitator, conservator, or ancillary receiver, as applicable. See Hawaii Revised Statutes 431:16-105
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Retail tobacco permit: means a permit granted under this chapter that authorizes an entity to engage in the business of selling cigarettes and tobacco products to consumers. See Hawaii Revised Statutes 245-1
• Retailer: means an entity that engages in the practice of selling cigarettes or tobacco products to consumers and includes the owner of a cigarette or tobacco product vending machine. See Hawaii Revised Statutes 245-1
• Sale: includes every act of selling and includes any sale or act of selling that originates from any order that is placed or submitted by means of a telephonic or other method of voice transmission, the mail, or any other delivery service, or the Internet or other online service. See Hawaii Revised Statutes 245-1
• Self-insurer: means a person that covers its liability through a qualified individual or group self-insurance program or any other formal program created for the specific purpose of covering liabilities typically covered by insurance. See Hawaii Revised Statutes 431:16-105
• Sell: means to:

  (1) Solicit and receive an order for;

  (2) Have, keep, offer, or expose for sale;

  (3) Deliver for value or deliver in any other way than purely gratuitously;

  (4) Peddle;

  (5) Keep with intent to sell; and

  (6) Traffic in. See Hawaii Revised Statutes 245-1

• sold: includes any delivery of cigarettes or tobacco products, whether cash is actually paid therefor or not. See Hawaii Revised Statutes 245-1
• Stamp: means a stamp printed, manufactured, or made by authority of the department, as provided in this chapter, that is issued, sold, or circulated by the department, and by the use of which the tax levied under this chapter is paid. See Hawaii Revised Statutes 245-1
• Subpoena: A command to a witness to appear and give testimony.
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tobacco products: means :
  (1) Tobacco in any form, other than cigarettes or little cigars, that is prepared or intended for consumption or for personal use by humans, including large cigars and any substitutes thereof other than cigarettes that bear the semblance thereof, snuff, chewing or smokeless tobacco, and smoking or pipe tobacco; or
  (2) Electronic smoking devices; or
  (3) E-liquid. See Hawaii Revised Statutes 245-1
• tobacco retailing: means the practice of selling cigarettes or tobacco products to consumers and includes the sale of cigarettes or tobacco through a vending machine. See Hawaii Revised Statutes 245-1
• Use: means the exercise of any right or power incident to ownership or possession, other than the sale, or the keeping or retention for the purpose of sale. See Hawaii Revised Statutes 245-1
• User: means any person, firm, or corporation legally in possession and responsible for the safe operation of any boiler, pressure system, amusement ride, or elevator and kindred equipment inspected pursuant to this chapter. See Hawaii Revised Statutes 397-3
• Vendor: means any person, firm, or corporation that sells or distributes any boiler, pressure system, amusement ride, or elevator and kindred equipment required to be inspected pursuant to this chapter. See Hawaii Revised Statutes 397-3
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Wholesaler: means a person rendering a distribution service who buys and maintains, at the person's place of business, a stock of cigarettes or tobacco products that the person uses, possesses, or distributes only to retailers, or other wholesalers, or both. See Hawaii Revised Statutes 245-1