Allstate Insurance Company v. Schmidt
Supreme Court of Hawaii
104 Hawaii 261 (2004)
Relevant factsFree
Hawaii's insurance commissioner ordered Allstate (plaintiff) to stop denying coverage based on an applicant's length of driving experience, finding this violated a statute barring insurers from basing "any standard or rating plan" on such factors; Allstate argued the statute applied only to setting rates, not underwriting decisions, but the commissioner and later the circuit court read "standard" to also cover underwriting.
IssueFree
Whether, when a statute is ambiguous as to whether it applies to underwriting or only to setting insurance rates, a court should give effect to all parts of the statute to resolve that ambiguity.
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