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Hawaii Revised Statutes Division 2. Business § 431:33-106

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) A pet insurer or an insurance producer shall not market a wellness program as pet insurance.

(b) If a wellness program is sold by a pet insurer or an insurance producer:

(1) The purchase of the wellness program shall not be a requirement to the purchase of pet insurance;

(2) The costs of the wellness program shall be separate and identifiable from any pet insurance policy sold by a pet insurer or an insurance producer;

(3) The terms and conditions for the wellness program shall be separate from any pet insurance policy sold by a pet insurer or an insurance producer;

(4) The products or coverages available through the wellness program shall not duplicate products or coverages available through the pet insurance policy;

(5) The advertising of the wellness program shall not be misleading and shall be in accordance with this subsection;  and

(6) A pet insurer or an insurance producer shall clearly disclose the following to consumers, printed in twelve-point boldface type:

(A) That wellness programs are not insurance;

(B) The address and customer service telephone number of the pet insurer or insurance producer or broker of record;  and

(C) The insurance division's mailing address, toll-free telephone number, and website address.

(c) Coverages included in the pet insurance policy contract described as “wellness” benefits shall be deemed insurance.

(d) If a wellness program undertakes to indemnify another or pays a specified amount upon determinable contingencies, the wellness program shall be deemed to be transacting an insurance business as described in section 431:1-215 and shall be subject to this chapter.

(e) A wellness program shall not be construed to classify a contract that is directly between a service provider and a pet owner and only involves the two parties as transacting an insurance business as described in section 431:1-215, unless other indications of insurance also exist.

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Cite this article: FindLaw.com - Hawaii Revised Statutes Division 2. Business § 431:33-106 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-2-business/hi-rev-st-sect-431-33-106/

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