House Bill hb0247c1

    Florida House of Representatives - 2001              CS/HB 247

        By the Committee on Insurance and Representatives Harrell,
    Gannon, Argenziano, Green, Clarke, Bowen, Murman, Berfield,
    Detert, Lynn, Waters, Dockery, Benson and Kilmer




  1                      A bill to be entitled

  2         An act relating to unfair discrimination in the

  3         business of insurance; amending s. 626.9541,

  4         F.S.; providing for application to certain

  5         additional types of insurers; providing an

  6         effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Paragraph (g) of subsection (1) of section

11  626.9541, Florida Statutes, is amended to read:

12         626.9541  Unfair methods of competition and unfair or

13  deceptive acts or practices defined.--

14         (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR

15  DECEPTIVE ACTS.--The following are defined as unfair methods

16  of competition and unfair or deceptive acts or practices:

17         (g)  Unfair discrimination.--

18         1.  Knowingly making or permitting any unfair

19  discrimination between individuals of the same actuarially

20  supportable class and equal expectation of life, in the rates

21  charged for any life insurance or annuity contract, in the

22  dividends or other benefits payable thereon, or in any other

23  of the terms and conditions of such contract.

24         2.  Knowingly making or permitting any unfair

25  discrimination between individuals of the same actuarially

26  supportable class and essentially the same hazard, in the

27  amount of premium, policy fees, or rates charged for any

28  policy or contract of accident, disability, or health

29  insurance, in the benefits payable thereunder, in any of the

30  terms or conditions of such contract, or in any other manner

31  whatever.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001              CS/HB 247

    200-553-01






  1         3.  For a health insurer, life insurer, disability

  2  insurer, property and casualty insurer, automobile insurer, or

  3  managed care provider to underwrite a policy, or refuse to

  4  issue, reissue, or renew a policy, refuse to pay a claim,

  5  cancel or otherwise terminate a policy, or increase rates

  6  based solely upon the fact that an insured or applicant who is

  7  also the proposed insured has made a claim or sought or should

  8  have sought medical or psychological treatment in the past for

  9  abuse, protection from abuse, or shelter from abuse, or that a

10  claim was caused in the past by, or might occur as a result

11  of, any future assault, battery, or sexual assault by a family

12  or household member upon another family or household member as

13  defined in s. 741.28(2). A health An insurer, life insurer,

14  disability insurer, or managed care provider may refuse to

15  underwrite, issue, or renew a policy based on the applicant's

16  medical condition, but shall not consider whether such

17  condition was caused by an act of abuse.  For purposes of this

18  section, the term "abuse" means the occurrence of one or more

19  of the following acts:

20         a.  Attempting or committing assault, battery, sexual

21  assault, or sexual battery;

22         b.  Placing another in fear of imminent serious bodily

23  injury by physical menace;

24         c.  False imprisonment;

25         d.  Physically or sexually abusing a minor child; or

26         e.  An act of domestic violence as defined in s.

27  741.28.

28         Section 2.  This act shall take effect October 1, 2001.

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CODING: Words stricken are deletions; words underlined are additions.