§431:10C-207  Discriminatory practices
prohibited.  No insurer shall base any standard or rating plan, in whole or
in part, directly or indirectly, upon a person's race, creed, ethnic
extraction, 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 it
violates this section, but gives the commissioner some discretion as to the
amount of the fine; commissioner's imposition of $3,000 fine was not an abuse
of discretion as it satisfied the statutory requirements.  104 H. 261, 88 P.3d
196.



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