C. unfair discrimination is correct. Hawaiʻi law specifically prohibits insurers from making or permitting unfair discrimination between individuals who belong to the same class and have an equal expectation of life regarding rates charged for life insurance or annuity contracts , dividends or benefits, and other contractual terms and conditions. HRS §431:13-103 further prohibits unfairly different treatment of insureds having substantially similar risk, exposure, and expense characteristics.
Insurance underwriting does permit legitimate distinctions between risks. For example, two applicants may properly be charged different premiums if actuarially relevant characteristics place them in different underwriting classifications. What is prohibited is treating essentially equivalent risks differently without a lawful actuarial or underwriting basis. The question explicitly states that the individuals are in the same class of risk , which points directly to unfair discrimination.
Misrepresentation involves misleading statements about insurance policies, benefits, terms, or related matters. Defamation concerns maliciously false statements intended to damage an insurer or insurance professional. Coercion involves improper pressure, intimidation, tying arrangements, or similar conduct used to force an insurance transaction. None describes differential pricing among comparable risks.
Accordingly, the statutory and examination distinction is straightforward: unjustified differences in policy rates among similarly situated insureds constitute unfair discrimination .
Reference topics: HRS §431:13-103(a)(7); Unfair Discrimination; Rates and Premiums; Market Conduct.
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