20-448

20-448. Unfair discrimination;
definitions

A. A person shall not make or permit any unfair discrimination between individuals
of the same class and equal expectation of life in the rates charged for any contract of
life insurance or of life annuity or in the dividends or other benefits payable or in any
other of the terms and conditions of the contract.

B. A person shall not make or permit any unfair discrimination respecting
hemophiliacs or between individuals of the same class and of essentially the same hazard
in the amount of premium, policy fees or rates charged for any policy or contract of
disability insurance or in the benefits payable or in any of the terms or conditions of
the contract, or in any other manner whatever. The provisions of this subsection
regarding hemophiliacs do not apply to any policy or subscription contract which provides
only benefits for specific diseases or for accidental injuries or which provides only
indemnity for blood transfusion services or replacement of whole blood products,
fractions or derivatives.

C. As to kinds of insurance other than life and disability, a person shall not make
or permit any unfair discrimination in favor of particular persons or between insureds or
subjects of insurance having substantially like insuring, risk and exposure factors, or
expense elements, in the terms or conditions of any insurance contract, or in the rate or
amount of premium charged.

D. An insurer shall not refuse to consider an application for life or disability
insurance on the basis of a genetic condition, developmental delay or developmental
disability.

E. The rejection of an application or the determining of rates, terms or conditions
of a life or disability insurance contract on the basis of a genetic condition,
developmental delay or developmental disability constitutes unfair discrimination, unless
the applicant's medical condition and history and either claims experience or actuarial
projections establish that substantial differences in claims are likely to result from
the genetic condition, developmental delay or developmental disability.

F. In addition to the provisions in subsection E of this section, the rejection of
an application or the determination of rates, terms or conditions of a disability
insurance contract on the basis of a genetic condition constitutes unfair discrimination
in the absence of a diagnosis of the condition related to information obtained as a
result of a genetic test.

G. An insurer that offers life, disability, property or liability insurance
contracts shall not deny a claim incurred or deny, refuse, refuse to renew, restrict,
cancel, exclude or limit coverage or charge a different rate for the same coverage solely
on the basis that the insured or proposed insured is or has been a victim of domestic
violence or is an entity or individual that provides counseling, shelter, protection or
other services to victims of domestic violence. If an insurer that offers life,
disability, property or liability insurance contracts denies a claim incurred or denies,
refuses, refuses to renew, restricts, cancels, excludes or limits coverage or charges a
different rate for the same coverage on the basis of a mental or physical condition and
the insured or the proposed insured is or has been a victim of domestic violence, the
insurer shall submit a written explanation to the insured or proposed insured of the
reasons for the insurer's actions, in accordance with section 20-2110. The fact that an
insured or proposed insured is or has been the victim of domestic violence is not a
mental or physical condition. Nothing contained in this subsection is intended to
provide any private right or cause of action to or on behalf of any applicant or
insured. It is the specific intent of this subsection to provide solely an
administrative remedy to the director for any violation of this section. Nothing in this
subsection prevents an insurer from refusing to issue a life insurance policy insuring a
person who has been the victim of domestic violence if either of the following is true:

1. The family or household member who commits the act of domestic violence is the
applicant for or prospective owner of the policy or would be the beneficiary of the
policy and any of the following is true:

(a) The applicant or prospective beneficiary of the policy is known, on the basis
of police or court records, to have committed an act of domestic violence.

(b) The insurer has knowledge of an arrest or conviction for a domestic violence
related offense by the family or household member.

(c) The insurance company has other reasonable grounds to believe, and those
grounds are corroborated, that the applicant or proposed beneficiary of a policy is a
family or household member committing acts of domestic violence.

2. The applicant or prospective owner of the policy lacks an insurable interest in
the insured.

H. Nothing in subsection G of this section prevents an insurer that:

1. Offers life or disability insurance contracts from underwriting coverage on the
basis of an insured's or proposed insured's mental or physical condition if the
underwriting:

(a) Does not consider whether or not the mental or physical condition was caused by
an act of domestic violence.

(b) Is the same for an insured or proposed insured who is not the victim of
domestic violence as it is for an insured or proposed insured who is the victim of
domestic violence.

2. Offers property or liability insurance contracts from underwriting coverage on
the basis of the insured's claims history or characteristics of the insured's property
and using rating criteria consistent with section 20-384.

I. Any determination made pursuant to section 20-2537 by the external independent
review organization shall not be considered in connection with the evaluation of whether
any person subject to this article has complied with this section.

J. A property or liability insurer may exclude coverage for losses caused by an
insured's intentional or fraudulent act. The exclusion shall not deny an insured's
otherwise covered property loss if the property loss is caused by an act of domestic
violence by another insured under the policy and the insured who claims the property loss
cooperates in any investigation relating to the loss and did not cooperate in or
contribute to the creation of the property loss. The insurer may apply reasonable
standards of proof for claims filed under this subsection. The insurer may limit the
payment to the insured's insurable interest in the property minus any payment made to any
mortgagee or other party with a secured interest in the property. This subsection does
not require an insurer to pay any amount that is more than the amount of the loss or
property coverage limits. An insurer who pays a claim under this subsection has the right
of subrogation against any person except the victim of the domestic violence.

K. All insurers shall adopt and adhere to written policies that are consistent with
chapter 11 of this title and that specify the procedures to be followed by employees,
contractors, producers, agents and brokers to ensure the privacy of and to help protect
the safety of a victim of domestic violence when taking an application, investigating a
claim, pursuing subrogation or taking any other action relating to a policy or claim
involving a victim of domestic violence. Insurers shall distribute the written policies
to employees, contractors, producers, agents and brokers who have access to personal or
privileged information regarding domestic violence.

L. For the purposes of this section:

1. "Developmental delay" means a delay of at least one and one-half standard
deviations from the norm.

2. "Developmental disability" has the same meaning prescribed in section 36-551.

3. "Domestic violence" means any act that is a dangerous crime against children as
defined in section 13-705 or an offense defined in section 13-1201 through 13-1204,
13-1302 through 13-1304, 13-1502 through 13-1504 or 13-1602, section 13-2810, section
13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2916 or section 13-2921,
13-2921.01, 13-2923 or 13-3623, if any of the following applies:

(a) The relationship between the victim and the defendant is one of marriage or
former marriage or of persons residing or having resided in the same household.

(b) The victim and the defendant have a child in common.

(d) The victim is related to the defendant or the defendant's spouse by blood or
court order as a parent, grandparent, child, grandchild, brother or sister, or by
marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild,
step-grandchild, brother-in-law or sister-in-law.

(e) The victim is a child who resides or has resided in the same household as the
defendant and is related by blood to a former spouse of the defendant or to a person who
resides or has resided in the same household as the defendant.

4. "Gene products" means gene fragments, nucleic acids or proteins derived from
deoxyribonucleic acids that would be a reflection of or indicate DNA sequence
information.

5. "Genetic condition" means a specific chromosomal or single-gene genetic
condition.

6. "Genetic test" means an analysis of an individual's DNA, gene products or
chromosomes that indicates a propensity for or susceptibility to illness, disease,
impairment or other disorders, whether physical or mental, or that demonstrates genetic
or chromosomal damage due to environmental factors, or carrier status for a disease or
disorder.