Hawaii Insurers Council v. Lingle

Concurring Opinion by

WATANABE, Presiding J.

I agree with the majority that the assessments imposed against insurers by the Hawaii Insurance Commissioner (the Commissioner) pursuant to Hawaii Revised Statutes (HRS) § 431:2-215 are problematic under McCandless v. Campbell, 20 Haw. 411 (1911), and State v. Medeiros, 89 Hawai'i 361, 973 P.2d 736 (1999). I am also troubled that the amounts of past assessments were apparently determined by the Commissioner without following the rulemaking procedures set forth in the Hawaii Administrative Procedures Act, HRS chapter 91. See Aguiar v. Hawaii Housing…