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



(b)  Nothing in this section shall prevent a
fraternal benefit society from taking any of the actions set forth in
subsection (a) on the basis of loss history or medical condition, or for any
other 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 for
losses caused by intentional or fraudulent acts of any benefit member.



(d)  Nothing in this section prohibits a
fraternal benefit society from investigating a claim and complying with chapter
431.



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



(1)  Physical harm, bodily injury, assault, or the
infliction of fear of imminent physical harm, bodily injury, or assault between
family or household members;



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



(3)  Stalking of one family or household member by
another family or household member; or



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



 



Revision Note



 



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