Haw. Code R. § 11-280.1-109 - Cancellation or nonrenewa1 by a provider of financial assurance
(a) Except as otherwise provided, a provider
of financial assurance may cancel or fail to renew an assurance mechanism by
sending a notice of termination by certified mail to the owner or operator.
(1) Termination of a local government
guarantee, a guarantee, a surety bond, or a letter of credit may not occur
until one hundred twenty days after the date on which the owner or operator
receives the notice of termination, as evidenced by the return
receipt.
(2) Termination of
insurance or risk retention coverage, except for non-payment or
misrepresentation by the insured, may not occur until sixty days after the date
on which the owner or operator receives the notice of termination, as evidenced
by the return receipt. Termination for non-payment of premium or
misrepresentation by the insured may not occur until a minimum of ten days
after the date on which the owner or operator receives the notice of
termination, as evidenced by the return receipt.
(b) If a provider of financial responsibility
cancels or fails to renew for reasons other than incapacity of the provider as
specified in section
11-280.1-114, the owner or
operator must obtain alternate coverage as specified in this subchapter within
sixty days after receipt of the notice of termination. If the owner or operator
fails to obtain alternate coverage within sixty days after receipt of the
notice of termination, the owner or operator must notify the director of such
failure and submit:
(1) The name and address
of the provider of financial assurance;
(2) The effective date of termination;
and
(3) The evidence of the
financial assurance mechanism subject to the termination maintained in
accordance with section
11-280.1-111(b).
Notes
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(a) Except as otherwise provided, a provider of financial assurance may cancel or fail to renew an assurance mechanism by sending a notice of termination by certified mail to the owner or operator .
(1) Termination of a local government guarantee, a guarantee, a surety bond, or a letter of credit may not occur until one hundred twenty days after the date on which the owner or operator receives the notice of termination , as evidenced by the return receipt.
(2) Termination of insurance or risk retention coverage, except for non-payment or misrepresentation by the insured, may not occur until sixty days after the date on which the owner or operator receives the notice of termination , as evidenced by the return receipt. Termination for non-payment of premium or misrepresentation by the insured may not occur until a minimum of ten days after the date on which the owner or operator receives the notice of termination , as evidenced by the return receipt.
(b) If a provider of financial responsibility cancels or fails to renew for reasons other than incapacity of the provider as specified in section 11-280.1-114, the owner or operator must obtain alternate coverage as specified in this subchapter within sixty days after receipt of the notice of termination . If the owner or operator fails to obtain alternate coverage within sixty days after receipt of the notice of termination , the owner or operator must notify the director of such failure and submit:
(1) The name and address of the provider of financial assurance ;
(2) The effective date of termination ; and
(3) The evidence of the financial assurance mechanism subject to the termination maintained in accordance with section 11-280.1-111(b).