The Hawaii Insurance Commissioner is the state’s top insurance regulator, heading the Insurance Division inside the Department of Commerce and Consumer Affairs (DCCA). Scott Saiki took the position effective July 16, 2025.1Department of Commerce and Consumer Affairs. Release: Scott Saiki Appointed Hawaii Insurance Commissioner The office licenses insurance producers, reviews rate filings, examines insurers for solvency, investigates consumer complaints, and enforces the Hawaii Insurance Code across every line of coverage sold in the state. For most residents, the Commissioner matters in one specific moment: when something has gone wrong with a policy or a claim and the insurance company won’t fix it.
What the Commissioner Regulates
Hawaii Revised Statutes Chapter 431 gives the Commissioner both explicit authority and powers reasonably implied by the Insurance Code. That includes writing administrative rules, examining or investigating any person suspected of violating the code, and requiring insurers to report claims data the Commissioner considers necessary to protect the public.2Justia. Hawaii Code 431:2-201 – General Powers and Duties
Rate review is one of the office’s most consumer-facing powers. Insurance rates filed in Hawaii cannot be excessive, inadequate, or unfairly discriminatory. For managed care plans, the Commissioner has 60 days to disapprove a proposed rate; if no action is taken in that window, the rate is deemed approved.
Financial examinations happen periodically to confirm each insurer holds adequate reserves. Hawaii participates in the National Association of Insurance Commissioners (NAIC) accreditation program, which requires the state to maintain certain legal, financial, and organizational standards for its regulator.3National Association of Insurance Commissioners. Accreditation – Insurance Topics Alongside solvency work, the Division runs market conduct reviews that evaluate whether insurers are handling claims, underwriting, and advertising fairly.
On the licensing side, every insurance agent and broker operating in Hawaii is licensed through the Commissioner’s office. Applicants have to submit fingerprints (through a designated vendor at $61.75) so the Commissioner can obtain state and national criminal history records from the Hawaii Criminal Justice Data Center and the FBI.2Justia. Hawaii Code 431:2-201 – General Powers and Duties The Division maintains a searchable database where you can confirm whether an agent or agency is currently licensed and in good standing before you sign anything.
Enforcement tools include administrative actions up to license revocation, subpoenas for witnesses and documents, and penalties for noncompliance.
Your Rights When an Insurer Treats You Unfairly
Hawaii’s Insurance Code spells out what counts as an unfair claim settlement practice, and the specifics are worth knowing if you’re fighting a denial or a lowball offer. Under HRS 431:13-103, an insurer acts unfairly when it repeatedly does things like misrepresent policy provisions, fail to investigate claims promptly, refuse to pay without a reasonable basis, or try to settle for less than the written policy materials would lead a reasonable person to expect.4Justia. Hawaii Code 431:13-103 – Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Defined
One rule catches many policyholders off guard. Insurers must respond to communications from policyholders, other involved parties, and the Commissioner within 15 working days, and the response has to actually address the concerns raised, not just acknowledge receipt.4Justia. Hawaii Code 431:13-103 – Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Defined If your insurer has gone silent, that standard is worth citing when you escalate.
The statute also prohibits insurers from forcing policyholders to sue by offering substantially less than a claim is worth, and from making a practice of appealing arbitration awards to pressure claimants into smaller settlements. When the Division identifies a pattern of these behaviors, it can take enforcement action.
How to File a Complaint With the Insurance Division
Before filing a formal complaint, the Division asks consumers to call an investigator at 1-844-808-DCCA (3222) between 7:45 a.m. and 4:30 p.m. Hawaii Standard Time, Monday through Friday. Some disputes get resolved by phone without the formal process.5Department of Commerce and Consumer Affairs. Filing a Complaint
If informal resolution doesn’t work, file through the online complaint form hosted on the NAIC’s system for Hawaii. The form asks for your policy number, certificate number, claim number, and the name of the agent, adjuster, or company you’re complaining about.6National Association of Insurance Commissioners. Consumer Complaint Form Describe the problem and the resolution you want. Supporting documents (denial letters, correspondence, repair estimates) can be emailed to the Division’s investigations unit after you submit the form. Without email, mail documents to the Insurance Division at P.O. Box 3614, Honolulu, HI 96811.
Once your complaint is in, an investigator contacts the insurer. The insurer owes a substantive response within 15 working days. The investigator reviews that response against your complaint and the law and tries to mediate a resolution. This gives you a real layer of accountability, but keep the limits in mind: the Division mediates disputes under the Insurance Code. It does not award damages or override policy terms that are otherwise lawful. If what you need is money damages, that’s a lawsuit, not a complaint.
External Review for Health Insurance Denials
If your health insurer denies a claim based on medical necessity, appropriateness, or because it considers a treatment experimental, you have a separate right to external review on top of the standard complaint path. You have to exhaust the insurer’s internal appeals first. After that, you can request review by an independent physician reviewer chosen by an outside organization.
The request must be in writing and received by the Insurance Commissioner within 130 days of the insurer’s final decision letter. Include a copy of the adverse determination, a signed authorization releasing your medical records, a conflict-of-interest disclosure, and a $15 filing fee. The Commissioner can waive the fee for financial hardship, and your filing fees are capped at $60 in a single plan year. If the reviewer overturns the insurer, your $15 is refunded.
When the Commissioner Cannot Help: Self-Funded Employer Plans
One gap in the office’s authority trips up a lot of Hawaii residents. Under the federal Employee Retirement Income Security Act (ERISA), state insurance laws are generally preempted when they “relate to” an employee benefit plan. ERISA preserves state authority over insurance policies themselves through a savings clause, but a separate deemer clause bars states from treating a self-insured employee benefit plan as an insurance company for regulatory purposes.7Office of the Law Revision Counsel. 29 USC 1144 – Other Laws
Translated: if your employer buys a health insurance policy from an insurance company, the Commissioner regulates that policy. If your employer self-funds the health plan (paying claims directly rather than buying insurance), the Commissioner generally cannot step in, even though the coverage looks and feels like insurance from your side. Large Hawaii employers commonly self-insure. If you file a complaint and your plan turns out to be a self-funded ERISA plan, the Division will likely say it lacks jurisdiction and point you to the U.S. Department of Labor.
If Your Insurer Becomes Insolvent
Hawaii runs a life and disability insurance guaranty association under HRS Chapter 431, Article 16.8FindLaw. Hawaii Code 431:16-218 If a licensed insurer enters formal liquidation, the association steps in to pay covered claims up to statutory limits. Coverage comes with substantial limitations and exclusions and is conditioned on continued residence in Hawaii. Insurers and agents are not allowed to use the guaranty association as a selling point, and a written disclaimer saying so must accompany every covered policy. The fund is a backstop. It is not a substitute for choosing a financially sound insurer up front.
Appealing a Commissioner’s Decision
If you are directly affected by a final order from the Commissioner in a contested case, you can seek judicial review under Hawaii’s Administrative Procedure Act. The appeal must be filed in circuit court within 30 days after you are served with the certified copy of the final decision.9Justia. Hawaii Code 91-14 – Judicial Review of Contested Cases
Filing does not automatically pause the Commissioner’s order. The court can grant a stay, but only if you show a likelihood of success on the merits, irreparable harm without the stay, no irreparable harm to the public from granting it, and that a stay serves the public interest. All four factors are a high bar, so plan on the order staying in force while the appeal runs. The court reviews the administrative record rather than holding a new trial, so whatever evidence you built during the agency proceeding is what the judge works from.
Contacting the Insurance Division
Reach the Hawaii Insurance Division by phone at 1-844-808-DCCA (3222) or locally at (808) 587-6714. The office is in the King Kalakaua Building at 335 Merchant Street, Room 213, Honolulu, HI 96813. For mailed correspondence, use P.O. Box 3614, Honolulu, HI 96811.10Department of Commerce and Consumer Affairs. Insurance Division Phone lines are staffed Monday through Friday, 7:45 a.m. to 4:30 p.m. Hawaii Standard Time, excluding state holidays.