§431:10C-207  Discriminatory practicesprohibited.  No insurer shall base any standard or rating plan, in whole orin part, directly or indirectly, upon a person's race, creed, ethnicextraction, age, sex, length of driving experience, credit bureau rating,marital status, or physical handicap. [L 1987, c 347, pt of §2]

 

Case Notes

 

  Section 431:10C-117 mandates that an insurer be fined if itviolates this section, but gives the commissioner some discretion as to theamount of the fine; commissioner's imposition of $3,000 fine was not an abuseof discretion as it satisfied the statutory requirements.  104 H. 261, 88 P.3d196.

  This section applies to both rating plans and standards,including underwriting standards; thus, commissioner and trial court correctlyconcluded that insurer improperly denied plaintiff's application forinsurance.  104 H. 261, 88 P.3d 196.