1330

LAWS OF MARYLAND

Ch. 273

(b) (1) No person shall make or permit any unfair
discrimination between individuals of the same class and of
essentially the same hazard in the amount of premium, policy
fees, or rates charged for any policy or contract of health
insurance or in the benefits payable thereunder, or in any
of the terms, or conditions of such contract, or in any
other manner whatever.

(2)    Notwithstanding any other provisions in
this section, an insurer may not make or permit any
differential in ratings, premium payments or dividends for
any reason based on the sex of an applicant or policyholder
unless there is actuarial justification for the
differential.

(3)    NOTWITHSTANDING ANY OTHER PROVISIONS IN
THIS SECTION, AN INSURER MAY NOT MAKE OR PERMIT ANY
DIFFERENTIAL IN RATINGS, PREMIUM PAYMENTS OR DIVIDENDS FOR
ANY REASON BASED ON THE BLINDNESS OF AN APPLICANT OR
POLICYHOLDER UNLESS THERE IS ACTUARIAL JUSTIFICATION FOR THE
DIFFERENTIAL.

234A.

(a)    No insurer, agent or broker shall cancel or
refuse to underwrite or renew a particular insurance risk or
class of risk for any reason based in whole or in part upon
race, color, creed [or], sex, OR BLINDNESS of an applicant
or policyholder or for any arbitrary, capricious, or
unfairly discriminatory reason. In the case of a
cancellation of or refusal to renew a policy, provided the
insured requests of the Commissioner that a review be
undertaken of the insurer's action prior to the effective
date of termination of the policy, and provided the
Commissioner initiates action toward issuance of a finding
in accord with § 234C, such policy shall remain in effect
until such finding is issued. No insurer, agent or broker
may cancel or refuse to underwrite or renew a particular
insurance risk or class of risk except by the application of
standards which are reasonably related to the insurer's
economic and business purposes. At any hearing to determine
whether there has been a violation of this section, the
burden of persuasion shall be upon the insurer to
demonstrate that the cancellation, or refusal to underwrite
or renew is justified under the standards so demonstrated.

(b)    No insurer shall require the existence of special
conditions, facts, or situations as a condition to its
acceptance or renewal of, a particular insurance risk or
class of risks in an arbitrary, capricious, unfair, or
discriminatory manner based in whole or part upon [the]
race, creed, color, sex, religion, national origin, for]
place of residency, OR BLINDNESS. Actuarial justification
may be considered with respect to sex.

(c)    No insurer, agent or broker shall make any
inquiry as to race, creed, color, or national origin in any