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I'm from Guam, Insurance Underwriter of Century Insurance.

I'm from Guam, Insurance...

I'm from Guam, Insurance Underwriter of Century Insurance. Our Question is, Does Hawaii Insurance Statute mandates the carrier or the agent insuring the risk in Hawaii be licensed by the State of Hawaii even on Non-Statutory Policy like "Airport Liability". We have a client whose main location is here on Guam. We have written their Airport Liability before covering 3 locations namely Guam, Hilo and Hawaii under one policy. Please advise if this will be a problem. Thank you very much. Agnes Sy

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Here on Guam, then the 2 are in Hilo and Hawaii

Lawyer's Assistant: Has anything been filed or reported?

NO

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's all. Thanks again.

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Answered in 5 hours by:
11/1/2017
N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9,568
Experience: attorney at self
Verified

Thank you for your question.

I cannot find a rock solid answer from looking at the statutes without spending an inordinate amount of time, but I think I found someone who can answer your specific question, see

http://cca.hawaii.gov/ins/insurers/insurance_company_license/certificate_of_authority/

which states:

"The Expansion Application should be used by all other insurance companies already licensed in another state and seeking a Hawaii Certificate of Authority. If you should have any questions, please contact Sally B-------, of our Certification Section, at(###) ###-####or send an email to *****@******.***."

My brief research indicates that you do not always need authority from Hawaii to insure a risk located there:

Hawaii Statutes 431:9A-104 Exceptions to licensing

///

(6) A person who is not a resident of this State who sells, solicits, or negotiates a contract of insurance for commercial property and casualty risks to an insured with risks located in more than one state insured under that contract; provided that the person is otherwise licensed as an insurance producer to sell, solicit, or negotiate that insurance in the state where the insured maintains its principal place of business and the contract of insurance insures risks located in that state; or

///

from

https://www.lawserver.com/law/state/hawaii/hi-statutes/hawaii_statutes_431-9a-104

I read that to mean that if the insured is based in Hawaii, the out of state insurer needs a license from Hawaii. You wrote that your insured is based in Guam, so you may not need a certificate of authority from Hawaii, but please confirm that with the Hawaii DCCA at the phone or email I posted. I am not allowed to phone or email them for you under the Just answer site rules. I cannot represent you or act for you.

Please call or email Sally B. to get a solid answer. Getting an answer in writing is preferable, so a phone call and a follow up email or letter would be appropriate. That way they can never come back and say you needed a license after telling you that you did not, and that is cheap insurance for dealing with any bureaucracy.

I hope this information is helpful.

N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9,568
Experience: attorney at self
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Thank you very much for the positive rating!

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