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| Section | Objectives |
|---|---|
| Life - General Knowledge | - Types of Policies
|
| Life - Hawaii Specific | - Hawaii Laws and Rules Pertinent to Life Insurance Only
|
>> Hawaii-Life-Producer Test Vce <<
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NEW QUESTION # 106
The Hawaii Insurance Commissioner MUST hold a hearing within how many days after receipt of the proper application for a hearing?
Answer: B
Explanation:
A). Thirty days is the correct examination answer. HRS 431:2-308 governs administrative hearings under the Hawai#i Insurance Code. The statute provides that when the Commissioner has exercised specified authority to suspend, revoke, or refuse to extend an insurance license , the affected licensee retains a right to request a hearing. If the license has been suspended pending that hearing, the Commissioner must hold the hearing within thirty days after receiving the written application , unless the hearing is postponed by mutual consent.
The application itself must be in writing and must identify how the applicant has been aggrieved and the grounds upon which relief is sought. This ensures that the administrative proceeding has a defined factual and legal basis.
An important precision point is that the current statute's thirty-day mandate applies in the stated licensing- enforcement circumstances; the practice question compresses that rule into the broader wording "proper application for a hearing." For the producer examination, however, 30 days is the statutory period the question is testing.
Thirty-one, forty-five, and sixty days do not match the period specified in HRS 431:2-308 for the applicable license hearing.
Reference topics: HRS 431:2-308; Administrative Hearings; Insurance Commissioner; License Suspension and Revocation.
NEW QUESTION # 107
Which of the following statements is CORRECT about group life insurance policies?
Answer: A
Explanation:
A is correct under current Hawai#i law. HRS 431:10D-212 permits qualifying group life insurance policies to extend coverage to the spouses and dependent children of insured employees or members. Hawai#i amended this provision so that a spouse or dependent may be covered in an amount equivalent to the amount of coverage of the insured individual . Act 155 of 2008 removed the former statutory limitation that had restricted certain dependent coverage to 50% of the insured individual's coverage or $5,000.
This point is particularly important because older insurance-study materials may still reproduce the former
50% limitation. That older rule is not the controlling Hawai#i provision for the current examination.
Option B is therefore incorrect for two reasons: it says coverage must be provided and incorporates the obsolete 50% ceiling. The statute states that dependent coverage may be extended and permits an amount equivalent to the insured individual's coverage.
Options C and D are also incorrect. Hawai#i group-life provisions recognize conversion rights under applicable circumstances; they do not establish a blanket prohibition on conversion privileges for spouses or dependent children.
Reference topics: HRS 431:10D-212; Act 155, SLH 2008; Group Life Insurance; Spouse and Dependent Coverage; Conversion Rights.
NEW QUESTION # 108
A person wants to purchase a life insurance policy on an unrelated competent adult. Under Hawaii law, which of the following is generally required at the time the contract is made?
Answer: C
Explanation:
A is correct. HRS 431:10-206 establishes Hawai#i's general consent requirement for individual life insurance. A life insurance contract on a competent individual generally cannot be made or effectuated unless the individual to be insured applies for the insurance or consents to it in writing at the time the contract is made.
The requirement protects individuals from having insurance placed secretly on their lives and operates alongside the separate doctrine of insurable interest . A person seeking insurance on another's life cannot ordinarily rely solely on a beneficiary's desire for the coverage.
Hawai#i law contains specific exceptions. A spouse may effectuate insurance on the other spouse, and a person having an insurable interest in the life of a minor-or a person upon whom the minor depends for support-may obtain qualifying insurance on that minor. The consent provision also does not apply in the same way to statutory group life insurance contracts.
Neither the Insurance Commissioner nor a physician substitutes for the adult insured's statutory consent in the ordinary situation described.
Reference topics: HRS 431:10-206; Consent of Insured; Insurable Interest; Individual versus Group Life.
The current outline expressly tests insurable interest and required application signatures.
NEW QUESTION # 109
Insurance producers in Hawaii are required to maintain records of insurance transactions for a MINIMUM of how many years?
Answer: D
Explanation:
B). Five is correct. HRS 431:9A-123 establishes Hawai#i's general recordkeeping requirement for licensed insurance producers. Producers must maintain records of transactions consummated under their licenses, including relevant information about insurance contracts, insurers, insureds, premiums, and the subject of insurance. The statute provides that records concerning a particular transaction must remain available for inspection by the Insurance Commissioner during the five years immediately following completion of the transaction .
There is an important life-producer qualification. The statute states that this producer-level requirement does not apply to life or accident and health or sickness insurance where the records required by the section are customarily maintained in the insurer's offices . Nevertheless, the examination's general record-retention period remains five years, which is why B is the correct answer.
The current Hawai#i Insurance Examination Content Outline expressly identifies "Required records and record retention" and cites HRS 431:9A-123 and 431:9A-125 as examination references.
Three years is too short; seven and ten years exceed the statutory minimum stated for the producer transaction records covered by 431:9A-123.
Reference topics: HRS 431:9A-123; Required Records; Record Retention; Producer Responsibilities.
NEW QUESTION # 110
For a public employee association to qualify as the policyholder of a group life insurance policy in Hawaii, the association must have been formed:
Answer: D
Explanation:
C is correct. Hawai#i permits qualifying public employee associations to serve as policyholders of group life insurance, but the association must be a genuine organization rather than a group created merely to obtain favorable insurance treatment. HRS 431:10D-207 requires the association to have been formed for purposes other than obtaining insurance .
The statute additionally requires, when the policy is placed in force, that the association have membership within the eligible classes equal to at least 75% of the employees eligible for membership in those classes .
Eligible insureds generally consist of all association members or all members of a bona fide class or classes.
Premiums may be paid from association funds, charges collected from insured members, or both.
These requirements help prevent adverse selection and the artificial creation of groups solely to acquire insurance. Bona fide group insurance is based on an employment, association, or similar relationship that exists independently of the insurance transaction.
Options A and B state the opposite of the statutory requirement. Option D is also incorrect; an insurer issues the group contract but does not need to create the public employee association.
Reference topics: HRS 431:10D-207; Public Employee Association Groups; Bona Fide Groups; Group Life Eligibility.
NEW QUESTION # 111
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