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S.B. 507
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VETOES
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available to an individual, or charging an individual a different rate for the
same coverage solely for reasons associated with an applicant's or insured's past
lawful travel experiences.
BY repealing and reenacting, with amendments,
Article - Insurance
Section 27-208(a)
Annotated Code of Maryland
(2002 Replacement Volume and 2004 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Insurance
27-208.
(a) (1) A person may not make or allow unfair discrimination between
individuals of the same class and equal expectation of life in:
(i) the rates charged for a contract of life insurance or an annuity
contract;
(ii) the dividends or other benefits payable on a contract of life
insurance or an annuity contract; or
(iii) any of the other terms or conditions of a contract of life
insurance or an annuity contract.
(2) (i) Notwithstanding any other provision of this section, an insurer
may not make or allow a differential in ratings, premium payments, or dividends for
contracts of life insurance or annuity contracts for a reason based on the blindness or
other physical handicap or disability of an applicant or policyholder.
(ii) Actuarial justification for the differential may be considered for
a physical handicap or disability other than blindness or hearing impairment.
(3) Unless there is actuarial justification, an insurer may not refuse to
insure or make or allow a differential in ratings, premium payments, or dividends in
connection with life insurance and annuity contracts solely because the applicant or
policyholder has the sickle-cell trait, thalassemia-minor trait, hemoglobin C trait,
Tay-Sachs trait, or a genetic trait that is harmless in itself.
(4) AN INSURER MAY NOT REFUSE TO INSURE, REFUSE TO CONTINUE TO
INSURE, LIMIT THE AMOUNT OR EXTENT OR KIND OF COVERAGE AVAILABLE TO AN
INDIVIDUAL, OR CHARGE AN INDIVIDUAL A DIFFERENT RATE FOR THE SAME
COVERAGE SOLELY FOR REASONS ASSOCIATED WITH AN APPLICANT'S OR INSURED'S
PAST LAWFUL TRAVEL EXPERIENCES.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2005.
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- 3680 -
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