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1998 SESSION

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HB 1051 Insurance; family abuse.

Introduced by: A. Donald McEachin | all patrons    ...    notes | add to my profiles

SUMMARY:

Insurance; family abuse. Prohibits life and health insurance policies, health services plans, and health maintenance organizations from using information about family abuse or a covered individual's status as a victim of family abuse in a discriminatory manner. Under the provisions of the bill, such prohibited practices include (i) canceling, refusing to underwrite or renew or refusing to issue a policy or plan, (ii) refusing to pay a claim, (iii) increasing rates, and (iv) adding a surcharge, applying a rating factor, or using any underwriting practice that adversely takes the information about family abuse into account. "Family abuse" means any act of violence, including any forceful detention, which results in physical injury or places one in reasonable apprehension of serious bodily injury and which is committed by a person against such person's family or household member. This is not intended to preclude an insurer from using mental or physical medical conditions, regardless of the cause, in determining the eligibility rate or underwriting classification of the applicant or insured. Additionally, the bill provides immunity to life insurers who, in good faith, issue life insurance to an insured who subsequently becomes a victim of family abuse. Finally, the bill does not require life insurers to (i) make payment to an individual who willfully causes an injury which gives rise to a loss under the policy or (ii) issue a policy, without the consent of the proposed insured, to an applicant known to have inflicted family abuse on the proposed insured.


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