Senate Bill sb0788e1

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    CS for SB 788                            First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to unfair methods of

  3         competition and unfair or deceptive trade

  4         practices; amending s. 626.9541, F.S.;

  5         prohibiting certain insurers from specified

  6         discriminatory acts based upon an applicant or

  7         insureds having been or likelihood to become a

  8         victim of specified abuse; providing

  9         exceptions; providing an effective date.

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

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

14  626.9541, Florida Statutes, is amended to read:

15         626.9541  Unfair methods of competition and unfair or

16  deceptive acts or practices defined.--

17         (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR

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

19  of competition and unfair or deceptive acts or practices:

20         (g)  Unfair discrimination.--

21         1.  Knowingly making or permitting any unfair

22  discrimination between individuals of the same actuarially

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

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

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

26  of the terms and conditions of such contract.

27         2.  Knowingly making or permitting any unfair

28  discrimination between individuals of the same actuarially

29  supportable class and essentially the same hazard, in the

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

31  policy or contract of accident, disability, or health


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    CS for SB 788                            First Engrossed (ntc)



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

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

  3  whatever.

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

  5  insurer, property and casualty insurer, automobile insurer, or

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

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

  8  cancel or otherwise terminate a policy, or increase rates

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

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

11  have sought medical or psychological treatment in the past for

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

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

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

15  or household member upon another family or household member as

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

17  disability insurer, or managed care provider An insurer may

18  refuse to underwrite, issue, or renew a policy based on the

19  applicant's medical condition, but shall not consider whether

20  such condition was caused by an act of abuse.  For purposes of

21  this section, the term "abuse" means the occurrence of one or

22  more of the following acts:

23         a.  Attempting or committing assault, battery, sexual

24  assault, or sexual battery;

25         b.  Placing another in fear of imminent serious bodily

26  injury by physical menace;

27         c.  False imprisonment;

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

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

30  741.28.

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    CS for SB 788                            First Engrossed (ntc)



  1  This subparagraph does not prohibit a property and casualty

  2  insurer or an automobile insurer from excluding coverage for

  3  intentional acts by the insured if such exclusion does not

  4  constitute an act of unfair discrimination as defined in this

  5  paragraph.

  6         Section 2.  This act shall take effect July 1, 2001.

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