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09500HB2786ham001 |
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LRB095 09637 KBJ 32941 a |
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| discrimination
against individuals
with handicaps or |
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| disabilities in
the amount of payment
of premiums or rates |
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| charged for policies of life insurance, in the amount
of any |
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| dividends or death benefits payable thereon, or in any other |
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| terms
and conditions of the contract it makes unless the rate |
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| differential is
based on sound actuarial principles and a |
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| reasonable system of classification
and is related to actual or |
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| reasonably anticipated experience directly
associated with the |
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| handicap or disability.
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| (c) No life company shall refuse to insure, or refuse to |
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| continue to insure,
or limit the amount or extent or kind of |
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| coverage available to an
individual, or charge an individual a |
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| different rate for the same coverage
solely because of |
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| blindness or partial blindness. With respect to all
other |
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| conditions, including the underlying cause of the blindness or
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| partial blindness, persons who are blind or partially blind |
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| shall be
subject to the same standards of sound actuarial |
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| principles or actual or
reasonably anticipated experience as |
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| are sighted persons. Refusal to
insure includes denial by an |
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| insurer of disability insurance coverage on
the grounds that |
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| the policy defines "disability" as being presumed in the
event |
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| that the insured loses his or her eyesight. However, an insurer |
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| may
exclude from coverage disabilities consisting solely of |
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| blindness or
partial blindness when such condition existed at |
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| the time the policy was issued.
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| (d) No life company shall refuse to insure or to continue |
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09500HB2786ham001 |
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LRB095 09637 KBJ 32941 a |
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| to insure an
individual solely because of the individual's |
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| status as a member of the
United States Air Force, Army, Coast |
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| Guard, Marines, or Navy or solely because
of the individual's |
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| status as a member
of the National Guard or Armed Forces |
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| Reserve.
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| (e) An insurer or producer authorized to issue policies of |
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| insurance in this State may not make a distinction or otherwise |
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| discriminate between persons, reject an applicant, cancel a |
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| policy, or demand or require a higher rate of premium for |
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| reasons based solely upon an applicant's or insured's past |
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| lawful travel experiences or future lawful travel plans. This |
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| subsection (e) does not prohibit an insurer or producer from |
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| excluding or limiting coverage under a policy or refusing to |
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| offer the policy based upon past lawful travel or future lawful |
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| travel plans or from charging a different rate for that |
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| coverage when that action is based upon sound actuarial |
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| principles or is related to actual or reasonably expected |
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| experience and is not based solely on the destination's |
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| inclusion on the United States Department of State's travel |
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| warning list.
No life company may refuse to insure, refuse to |
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| continue to insure, limit the amount or extent or kind of |
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| coverage available to an
individual, or charge an individual a |
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| different rate for the same coverage solely for reasons |
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| associated with an applicant's or insured's past lawful travel |
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| experiences. |
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| (Source: P.A. 93-850, eff. 7-30-04.)".
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