Bill Text: MI SB0994 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Insurance; unfair trade practices; use of credit score to determine insurance premium; prohibit. Amends sec. 2027 of 1956 PA 218 (MCL 500.2027) & adds sec. 2027a.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2012-03-01 - Referred To Committee On Insurance [SB0994 Detail]
Download: Michigan-2011-SB0994-Introduced.html
SENATE BILL No. 994
March 1, 2012, Introduced by Senators BIEDA, WHITMER, SMITH, YOUNG and ANDERSON and referred to the Committee on Insurance.
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending section 2027 (MCL 500.2027), as amended by 1998 PA 26,
and by adding section 2027a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2027. Unfair methods of competition and unfair or
deceptive acts or practices in the business of insurance include:
(a) Refusing to insure, or refusing to continue to insure, or
limiting the amount of coverage available to an individual or risk
because of any of the following:
(i) Race, color, creed, marital status, sex, or national
origin, except that marital status may be used to classify
individuals or risks for the purpose of insuring family units.
(ii) The residence, age, disability, or lawful occupation of
the individual or the location of the risk, unless there is a
reasonable relationship between the residence, age, disability, or
lawful occupation of the individual or the location of the risk and
the extent of the risk or the coverage issued or to be issued, but
subject
to subparagraph (iii). This
section shall does not prohibit
an insurer from specializing in or limiting its transactions of
insurance to certain occupational groups, types, or risks as
approved
by the commissioner. of insurance. The commissioner shall
approve the specialization for an insurer licensed to do business
in this state and whose articles of incorporation contained a
provision on July 1, 1976, requiring that specialization.
(iii) For property insurance, the location of the risk, unless
there is a statistically significant relationship between the
location of the risk and a risk of loss due to fire within the area
in which the insured property is located. As used in this
subparagraph, "area" means a single zip code number under the
zoning improvement plan of the United States postal service.
(b) Refusing to insure or refusing to continue to insure an
individual or risk solely because the insured or applicant was
previously denied insurance coverage by an insurer.
(c) Charging a different rate for the same coverage based on
sex, marital status, age, residence, location of risk, disability,
or lawful occupation of the risk unless the rate differential is
based on sound actuarial principles, a reasonable classification
system, and is related to the actual and credible loss statistics
or reasonably anticipated experience in the case of new coverages
but
subject to section 2027a. This Except as provided in section
2027a,
this subdivision shall does not
apply if the rate has
previously been approved by the commissioner.
Sec. 2027a. It is an unfair method of competition and an
unfair or deceptive act or practice in the business of insurance
for an automobile insurer to refuse to insure, refuse to continue
to insure, limit the amount of coverage available, or charge a
different rate or premium for the same coverage based on the credit
history or lack of credit history of an insured or applicant.