§432:2-103.5  Policies relating to domesticabuse cases.  (a)  No fraternal benefit society shall deny or refuse toaccept an application for insurance, refuse to insure, refuse to renew, cancel,restrict, or otherwise terminate a policy of insurance, or charge a differentrate for the same coverage, on the basis that the member or prospective memberis, has been, or may be a victim of domestic abuse.

(b)  Nothing in this section shall prevent afraternal benefit society from taking any of the actions set forth insubsection (a) on the basis of loss history or medical condition, or for anyother reason not otherwise prohibited by this section or any other law,regulation, or rule.

(c)  Any form filed or filed after July 15,1998 or subject to a rule adopted under chapter 91 may exclude coverage forlosses caused by intentional or fraudulent acts of any benefit member.

(d)  Nothing in this section prohibits afraternal benefit society from investigating a claim and complying with chapter431.

(e)  As used in this section, "domesticabuse" means:

(1)  Physical harm, bodily injury, assault, or theinfliction of fear of imminent physical harm, bodily injury, or assault betweenfamily or household members;

(2)  Sexual assault of one family or household member byanother;

(3)  Stalking of one family or household member byanother family or household member; or

(4)  Intentionally, knowingly, or recklessly causingdamage to property so as to intimidate or attempt to control the behavior ofanother household member. [L 1998, c 171, §4; am L 2004, c 122, §88]

 

Revision Note

 

  "July 15, 1998" substituted for "the effectivedate of this section".