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| Section | Objectives |
|---|---|
| Topic 1: Life - Hawaii Specific | - Hawaii Laws and Rules Pertinent to Life Insurance Only
|
| Topic 2: Life - General Knowledge | - Types of Policies
|
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NEW QUESTION # 12
Which of the following items requires an insurance company to advise an applicant that the company intends to secure a report which includes details about his income and general reputation?
Answer: C
Explanation:
A). Fair Credit Reporting Act is correct. The Fair Credit Reporting Act regulates consumer reports and imposes specific disclosure requirements when an insurer or another authorized user obtains certain consumer- report information for insurance underwriting.
The question's reference to information concerning an applicant's general reputation is particularly significant. Under FCRA 606, 15 U.S.C. 1681d, a person generally may not procure an investigative consumer report unless the consumer is clearly informed that such a report may include information relating to the person's character, general reputation, personal characteristics, and mode of living . The disclosure must also explain specified consumer rights. The FTC separately confirms that insurers using consumer reports for underwriting must comply with the FCRA.
The official Hawai#i Life-General Knowledge outline expressly identifies medical information and consumer reports and the Fair Credit Reporting Act within underwriting.
The Freedom of Information Act concerns access to federal government records. The Uniform Provisions Law is unrelated to investigative consumer-report disclosure, and the USA PATRIOT Act primarily addresses matters such as anti-money-laundering requirements rather than this consumer-report notice.
Reference topics: Fair Credit Reporting Act; Consumer Reports; Underwriting Information; Applicant Disclosure and Privacy.
NEW QUESTION # 13
After an owner executes a Hawaii life settlement contract, the life settlement provider must generally notify the insurer that issued the policy within:
Answer: A
Explanation:
C). 20 days is correct. HRS 431C-33 provides that within twenty days after the owner executes the life settlement contract , the settlement provider must give written notice to the insurer that issued the policy informing it that the policy has become subject to a life settlement transaction. The notice must be accompanied by the documentation required by Hawai#i's life settlement laws.
This notice serves an important administrative and regulatory function because the settlement normally results in a change of ownership, beneficiary designation, or both. The issuing insurer needs sufficient information to process the transfer accurately and to recognize the appropriate party as the policyowner after the transaction is completed.
The provision also works alongside another Hawai#i requirement stating that an insurer must not unreasonably delay a lawful change of ownership or beneficiary arising from a valid life settlement contract.
The twenty-day requirement should not be confused with the three-business-day periods governing movement of settlement proceeds through escrow after transfer documents and insurer acknowledgment are received.
These are separate statutory deadlines governing different stages of the transaction.
Therefore, 5, 10, and 30 days do not represent the applicable insurer-notification period.
Reference topics: HRS 431C-33(g); Life Settlement Procedures; Issuing Insurer Notification; Ownership Transfer.
NEW QUESTION # 14
At the age of 65, an insured withdraws the cash from a profit-sharing plan and purchases a Straight Life Annuity. This transaction will provide:
Answer: A
Explanation:
B is correct. A Straight Life Annuity , also called a life-only annuity, provides periodic income for as long as the annuitant remains alive. Its principal function is therefore to transfer longevity risk to the insurer:
regardless of how long the annuitant survives, contractual payments continue for life.
The current Hawai#i Life-General Knowledge outline specifically tests annuities, including immediate and deferred annuities, accumulation and annuity periods, and payout options . Hawai#i's Insurance Division also identifies qualified tax-deferred annuities among financial arrangements commonly considered for retirement income planning.
Option A is the opposite of the primary characteristic of straight life. Because payments normally cease when the annuitant dies, regardless of how soon death occurs after annuitization, a straight-life payout is generally designed to maximize lifetime income rather than beneficiary protection. Option C is incorrect because tax deferral is not equivalent to permanently tax-free appreciation; taxation depends on the source of funds and applicable tax rules. Option D is also incorrect. A standard fixed straight-life annuity does not inherently provide inflation protection; purchasing power may decline if payments remain fixed while prices increase.
Thus, the defining advantage is lifetime income that the annuitant cannot outlive .
Reference topics: Annuities; Annuity Period; Payout Options; Straight Life/Life-Only Income; Retirement Income.
NEW QUESTION # 15
Which of the following statements about an individual life policy premium is CORRECT?
Answer: B
Explanation:
A). It must contain all charges is correct and follows directly from HRS 431:10-218, titled "Stated premium must include all charges." Hawai#i law requires the premium stated in an insurance policy to be inclusive of all fees, charges, premiums, or other consideration charged for the insurance or for procuring it.
The statute further provides that an insurer, producer, officer, employee, or other representative may not separately charge or receive compensation or other consideration for insurance if that amount is not included in the premium specified in the policy.
The statute contains an exception for surety and group insurance contracts, but the question specifically asks about an individual life policy , so that exception does not alter the answer.
Options B and D are incorrect because expenses, loads, or issuance-related charges cannot simply be excluded from the stated premium when they constitute consideration charged for the insurance or its procurement.
Option C is also too broad; Hawai#i law does not establish a general rule that all taxes must be excluded from the premium.
The regulatory purpose is transparency. The policyholder should be able to identify the actual premium consideration required for the contract rather than discovering additional undisclosed insurance charges afterward.
Reference topics: HRS 431:10-218; Premium Requirements; Policy Charges; Consumer Disclosure.
NEW QUESTION # 16
Except when a statutory exception applies, Hawaii generally prohibits entering into a life settlement contract during what period following issuance of the life insurance policy?
Answer: D
Explanation:
C). 2 years is correct. Hawai#i law contains an important restriction intended to combat stranger-originated life insurance and similar arrangements . HRS 431C-33 generally prohibits a person from entering into a life settlement contract at the time of application or issuance of a life insurance policy or during the two-year period commencing with the policy's date of issuance , unless a statutory exception applies.
The restriction helps distinguish a legitimate later decision by a policyowner to sell existing coverage from a policy originally obtained primarily for immediate transfer to an outside investor. Life insurance is intended to protect legitimate insurable interests, not to operate simply as a wagering instrument on an individual's life.
Hawai#i recognizes defined exceptions to the two-year prohibition. For example, qualifying converted coverage may satisfy the requirement when the conversion policy and prior continuous coverage together equal at least two years. Other statutory circumstances can also permit an earlier settlement when the required conditions and certifications are met.
A producer should therefore avoid treating the two-year restriction as absolute in every factual situation, but it is the controlling general rule .
Six months and one year are insufficient, while five years exceeds the statutory prohibition period.
Reference topics: HRS 431C-33(m); Life Settlements; Stranger-Originated Life Insurance; Two-Year Restriction.
NEW QUESTION # 17
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