Hawaii Common Law Key Facts

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Hawaii Common Law Key Facts
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You cannot lose your license for submitting business to a ____ company "non-admitted" company (such as a surplus lines insurer).
With your _____ Hawaii producer's license, you can sell in Hawaii only (you would need a ______ license to sell in other states). "resident" "nonresident"
All insurers (except for surplus lines and reinsurance carriers) need a ___________ from the Hawaii Insurance Commissioner in order to sell here (regardless of reciprocal agreements between states). certificate of authority
It is not an unfair claims practice to require an insured to provide this before paying a claim. Proof of Loss
returning part of your commission to a client as an inducement to buy and is an unfair trade practice. Rebating
Commingling of a client's funds with your own is a breach of ____ fiduciary duty
A producer acts in a fiduciary or “trustee” capacity when handling premiums
The misappropriation of customer funds is known as embezzlement
The Commissioner's job is to administer insurance laws to protect the public
Insurance may not be referred to as a security (stock) or an investment or a retirement plan. The purpose of insurance is Protection
when a producer gives a client false information in connection with a new application, It is considered misrepresentation
If the Commissioner suspects a producer of using unfair or deceptive practices, he may ask the producer to appear and show cause why their license should not be revoked.
being falsely or maliciously critical of the financial condition of any insurance company or producer Defamation
The Commissioner must hold a hearing within ____ days of a request from any person aggrieved by the Commissioner’s actions. 30 days
Stating that a producer has knowledge he or she really doesn’t have is false advertising
Producers may pay referral fees (not commissions) to unlicensed “referrors” for leads as long as the person who referred the business had no involvement with the sale, solicitation or negotiation.
The stated premium must include all EXCEPT: service fees, service charges commissions general excise tax general excise tax
Producers must keep insurance records by “class” of insurance for at least 5 years
A producer who illegally writes a policy with an unauthorized insurer who refuses to pay a covered claim is liable to the insured for the full amount (100%) of the claim
All authorized insurers must join a state guaranty association
You do not need a license to sell this type of insurance pre-paid legal insurance.
You cannot get a license to principally Insurance to yourself, your family members or employees. . If the total amount of premiums exceeds the total amount on all other business, a violation has occurred (50/50 rule). Controlled business
is the refusal of a financial institution to approve a loan unless the client agrees to insurance from them (unfair trade practice). Coercion
All returned premiums received by producers from insurers who decline to write a new application must be returned to the applicant within ____ 30 Days
It is an unfair trade practice to make projections of future dividends to policyholders that buy nonparticipating policies (only ______ participating policies pay dividends and they are never guaranteed). Mutual
who has the power to examine and investigate every "person" engaged in the business of insurance in this state (a "person" could be an individual producer, a business entity producer or agency, or an insurance company). The Commissioner
The maximum fines for unknowingly violating the rules concerning unfair trade practices are _____ per violation, not to exceed a total fine of ____ $1,000 $10,000
Failure of the insurer to send out required claim forms to be completed as proof of loss is an __ unfair claims settlement practice.
When the Commissioner revokes a license, who must be notified both the licensee and the NAIC (National Association Of Insurance Commissioners)
Insurers or producers must notify the Commissioner of a new appointment within ____ of the time their first application is submitted. 15 days
A producer may have how many appointments, and represent how many principals/insurers Unlimited
An agency employee may not make a “binder” of coverage unless they are licensed as a producer
Selling insurance Producers represent the insurers not the insured
you must be at least 18, live in this state, pay non- refundable fees and pass the appropriate licensing examination in order to obtain Producer's license
A producer's license must be renewed how often subject to satisfying the Hawaii continuing education (CE) requirements. every 2 years
Licensees must notify the Commissioner, in writing, of any change of address within ____ 30 days
No producer may represent an insurer unless that insurer Appoints them
Domestic insurers (domiciled in Hawaii) must be audited (examined) by the Commissioner at least once ___ Every 3 years
No person may pay a commission to an producer and no person may accept a commission unless properly licensed for that “class” of insurance.
Failure to respond within ____ days to claims communications is considered to be an unfair claims settlement practice. 15 working days
any type of inducement to buy or renew insurance, which is not specified in the policy Rebating
When denying a claim, the insurer must show the claimant which ____ section of the policy they are basing their denial upon
Producers may hold a resident license in how many states? ONE! but can get 49 nonresident licenses
The purpose of the state guaranty association is to protect the customers of insolvent insurers
Types of insurers that may be formed in this state include ___, ___, and ___ insurers stock, mutual and reciprocal insurers
Type of insurers may apportion (distribute) their dividends based upon their “divisible” surplus. Mutual
The spouse of a deceased or disabled producer may obtain a temporary license from the Commissioner for up to______ months, without exam. 6 months
The Commissioner may not order this although the public prosecutor may seek criminal penalties for certain violations, upto a year Jail time
a “contract whereby one party agrees to indemnify another”. Insurance
A producer cannot modify an insurance ________ Contract or Policy
If, during either of the last 2 years, a producer’s premiums on controlled business exceeded 50% of his total premiums, he is violation of the controlled insurance law
Producers must keep their own records relating to continuing education for 4 years
Charging different rates for individuals of the same “class” is unfair discrimination
A producer’s license belongs to and must be returned upon expiration or termination the state
A producer who guarantees that a mutual insurer will pay a dividend is guilty of misrepresentation
A mutual insurer cannot state that their policies are similar to shares of stock
A producer who misappropriates money belonging to a customer may be guilty of embezzlement
Granting special favors as an inducement to a sale is known as rebating
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