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Session Laws, 1979
Volume 737, Page 1233   View pdf image
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HARRY HUGHES, Governor                                  1233

OR DISABILITY of an applicant or policyholder unless there
is actuarial justification for the differential.

(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 OR OTHER PHYSICAL HANDICAP
OR DISABILITY of an applicant or policyholder unless there
is actuarial justification for the differential.

226.

(c)     (1) No insurer shall make or permit any unfair
discrimination between insured or property having like
insuring or risk characteristics, in the premium or rates
charged for insurance, or in the dividends or other benefits
payable thereon, or in any other of the terms and conditions
of the insurance.

(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 OR PHYSICAL HANDICAP OR
DISABILITY 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, sex, or blindness OR OTHER PHYSICAL

HANDICAP OR DISABILITY 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

 

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Session Laws, 1979
Volume 737, Page 1233   View pdf image
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