Bill Text: FL S0424 | 2014 | Regular Session | Enrolled
Bill Title: Discriminatory Insurance Practices
Spectrum: Bipartisan Bill
Status: (Passed) 2014-06-20 - Chapter No. 2014-180 [S0424 Detail]
Download: Florida-2014-S0424-Enrolled.html
ENROLLED 2014 Legislature CS for CS for SB 424 2014424er 1 2 An act relating to discriminatory insurance practices; 3 amending s. 626.9541, F.S.; providing that unfair 4 discrimination on the basis of gun ownership in the 5 provision of personal lines property or personal lines 6 automobile insurance is a discriminatory insurance 7 practice; clarifying that insurers are not prevented 8 from charging supplemental premiums or sharing 9 information between an insurer and its agent if a 10 separate rider has been requested; providing an 11 effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraph (g) of subsection (1) of section 16 626.9541, Florida Statutes, is amended to read: 17 626.9541 Unfair methods of competition and unfair or 18 deceptive acts or practices defined.— 19 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE 20 ACTS.—The following are defined as unfair methods of competition 21 and unfair or deceptive acts or practices: 22 (g) Unfair discrimination.— 23 1. Knowingly making or permittinganyunfair discrimination 24 between individuals of the same actuarially supportable class 25 and equal expectation of life, in the rates charged for aany26 life insurance or annuity contract, in the dividends or other 27 benefits payable thereon, or in any other term or conditionof28the terms and conditionsof such contract. 29 2. Knowingly making or permittinganyunfair discrimination 30 between individuals of the same actuarially supportable class, 31 as determined at theoriginaltime of initial issuance of the 32 coverage, and essentially the same hazard, in the amount of 33 premium, policy fees, or rates charged for aanypolicy or 34 contract of accident, disability, or health insurance, in the 35 benefits payable thereunder, inany ofthe terms or conditions 36 of such contract, or in any other mannerwhatever. 37 3. For a health insurer, life insurer, disability insurer, 38 property and casualty insurer, automobile insurer, or managed 39 care provider to underwrite a policy, or refuse to issue, 40 reissue, or renew a policy, refuse to pay a claim, cancel or 41 otherwise terminate a policy, or increase rates based upon the 42 fact that an insured or applicant who is also the proposed 43 insured has made a claim or sought or should have sought medical 44 or psychological treatment in the past for abuse, protection 45 from abuse, or shelter from abuse, or that a claim was caused in 46 the past by, or might occur as a result of, any future assault, 47 battery, or sexual assault by a family or household member upon 48 another family or household member as defined in s. 741.28. A 49 health insurer, life insurer, disability insurer, or managed 50 care provider may refuse to underwrite, issue, or renew a policy 51 based on the applicant’s medical condition, but mayshallnot 52 consider whether such condition was caused by an act of abuse. 53 For purposes of this section, the term “abuse” means the 54 occurrence of one or more of the following acts: 55 a. Attempting or committing assault, battery, sexual 56 assault, or sexual battery; 57 b. Placing another in fear of imminent serious bodily 58 injury by physical menace; 59 c. False imprisonment; 60 d. Physically or sexually abusing a minor child; or 61 e. An act of domestic violence as defined in s. 741.28. 62 63 This subparagraph does not prohibit a property and casualty 64 insurer or an automobile insurer from excluding coverage for 65 intentional acts by the insured if such exclusion isdoesnot 66constitutean act of unfair discrimination as defined in this 67 paragraph. 68 4. For a personal lines property or personal lines 69 automobile insurer to: 70 a. Refuse to issue, reissue, or renew a policy; cancel or 71 otherwise terminate a policy; or charge an unfairly 72 discriminatory rate in this state based on the lawful use, 73 possession, or ownership of a firearm or ammunition by the 74 insurance applicant, insured, or a household member of the 75 applicant or insured. This sub-subparagraph does not prevent an 76 insurer from charging a supplemental premium that is not 77 unfairly discriminatory for a separate rider voluntarily 78 requested by the insurance applicant to insure a firearm or a 79 firearm collection whose value exceeds the standard policy 80 coverage. 81 b. Disclose the lawful ownership or possession of firearms 82 of an insurance applicant, insured, or household member of the 83 applicant or insured to a third party or an affiliated entity of 84 the insurer unless the insurer discloses to the applicant or 85 insured the specific need to disclose the information and the 86 applicant or insured expressly consents to the disclosure, or 87 the disclosure is necessary to quote or bind coverage, continue 88 coverage, or adjust a claim. For purposes of underwriting and 89 issuing insurance coverage, this sub-subparagraph does not 90 prevent the sharing of information between an insurance company 91 and its licensed insurance agent if a separate rider has been 92 voluntarily requested by the policyholder or prospective 93 policyholder to insure a firearm or a firearm collection whose 94 value exceeds the standard policy coverage. 95 Section 2. This act shall take effect July 1, 2014.