Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 171 - MISCELLANEOUS INSURANCE RULES › Subchapter 6 - MILITARY SALES PRACTICES › Section 16-171-605 - Practices declared false, misleading, deceptive, or unfair regardless of location

Current through June, 2024
(a) The following
				acts or practices by an insurer or insurance producer constitute a corrupt
				practice, improper influence, or inducement and are declared to be false,
				misleading, deceptive, or unfair. They include, but are not limited to:
(1) Submitting, processing or assisting in
				the submission or processing of any allotment form or similar device used by
				the United States Armed Forces to direct a service member's pay to a third
				party for the purchase of life insurance. The foregoing includes, but is not
				limited to, using or assisting in using a service member's "MyPay" account or
				other similar internet or electronic medium for that purpose. This subsection
				does not prohibit assisting a service member by providing insurer or premium
				information necessary to complete any allotment form;
(2) Knowingly receiving funds from a service
				member for the payment of premium from a depository institution with which the
				service member has no formal banking relationship. For purposes of this
				section, a formal banking relationship is established when the depository
				institution:
(A) Provides the service member
				with a deposit agreement and periodic statements and makes the disclosures
				required by the Truth in Savings Act,
				12 U.S.C. section
				4301
et seq.
and the
				regulations promulgated thereunder; and
(B) Permits the service member to make
				deposits and withdrawals unrelated to the payment of processing of insurance
				premiums;
(3) Employing
				any device or method or entering into any agreement whereby funds received from
				a service member by allotment for the payment of insurance premiums are
				identified on the service member's Leave and Earnings Statement or equivalent
				or successor form as 'Savings" or "Checking" and where the service member has
				no formal banking relationship as defined in paragraph (2);
(4) Entering into any agreement with a
				depository institution for the purpose of receiving funds from a service member
				whereby the depository institution, with or without compensation, agrees to
				accept direct deposits from a service member with whom it has no formal banking
				relationship;
(5) Using DoD
				personnel, directly or indirectly, as a representative or agent in any official
				or unofficial capacity with or without compensation with respect to the
				solicitation or sale of life insurance to service members who are junior in
				rank or grade, or to the family member of those service members;
(6) Offering or giving anything of value,
				directly or indirectly, to DoD personnel to procure their assistance in
				encouraging, assisting or facilitating the solicitation or sale of life
				insurance to another service member;
(7) Knowingly offering or giving anything of
				value to a service member with a pay grade of E-4 or below for his or her
				attendance to any event where an application for life insurance is solicited;
				or
(8) Advising a service member
				with a pay grade of E-4 or below to change his or her income tax withholding or
				state of legal residence for the sole purpose of increasing disposable income
				to purchase life insurance.