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§ 27-208. Unfair discrimination between individuals of the same class and equal expectation of ...

West's Annotated Code of MarylandInsuranceEffective: October 1, 2016

West's Annotated Code of Maryland
Insurance (Refs & Annos)
Title 27. Unfair Trade Practices and Other Prohibited Practices (Refs & Annos)
Subtitle 2. Unfair Methods of Competition and Unfair and Deceptive Acts or Practices (Refs & Annos)
Effective: October 1, 2016
MD Code, Insurance, § 27-208
§ 27-208. Unfair discrimination between individuals of the same class and equal expectation of life
Life insurance or annuity contracts
(a)(1) A person may not make or allow unfair discrimination between individuals of the same class and equal expectation of life in:
(i) the rates charged for a contract of life insurance or an annuity contract;
(ii) the dividends or other benefits payable on a contract of life insurance or an annuity contract; or
(iii) any of the other terms or conditions of a contract of life insurance or an annuity contract.
(2)(i) Notwithstanding any other provision of this section, an insurer may not make or allow a differential in ratings, premium payments, or dividends for contracts of life insurance or annuity contracts for a reason based on the blindness or other physical handicap or disability of an applicant or policyholder.
(ii) Actuarial justification for the differential may be considered for a physical handicap or disability other than blindness or hearing impairment.
(3) Unless there is actuarial justification, an insurer may not refuse to insure or make or allow a differential in ratings, premium payments, or dividends in connection with life insurance and annuity contracts solely because the applicant or policyholder has the sickle-cell trait, thalassemia-minor trait, hemoglobin C trait, Tay-Sachs trait, or a genetic trait that is harmless in itself.
(4) With respect to a life insurance contract, an insurer may not refuse to insure, refuse to continue to insure, limit the amount or extent or kind of coverage available to an individual, or charge an individual a different rate for the same coverage solely for reasons associated with an applicant's or insured's past lawful travel experiences.
(5)(i) Except as provided in subparagraph (ii) of this paragraph, with respect to a life insurance contract, an insurer may not refuse to insure, refuse to continue to insure, limit the amount or extent or kind of coverage available to an individual, or charge an individual a different rate for the same coverage solely for reasons associated with an applicant's or insured's future lawful travel.
(ii) 1. Subparagraph (i) of this paragraph does not prohibit an insurer from excluding or limiting coverage of specific future lawful travel, or charging a differential rate for such coverage, when bona fide differences in risk or exposure have been substantiated by the use of relevant data from at least one independent reliable source, including statistical or other mathematical analysis of available data that establishes a material variation in actual or reasonably anticipated experience that correlates to the risk of specific future lawful travel.
2. Travel advisories issued by the United States Department of State do not qualify as the sole source of data for purposes of this subparagraph.
3. An insurer shall:
A. maintain the data and documents that support the insurer's determination that bona fide differences in risk or exposure exist; and
B. make the data and documents available on request by the Commissioner.
Premiums, policy fees, or rates charged for health insurance
(b)(1) A person may not make or allow unfair discrimination between individuals of the same class and of essentially the same hazard:
(i) in the amount of premium, policy fees, or rates charged for a policy or contract of health insurance;
(ii) in the benefits payable under a policy or contract of health insurance;
(iii) in any of the terms or conditions of a policy or contract of health insurance; or
(iv) in any other manner.
(2) Notwithstanding any other provision of this section, an insurer may not make or allow a differential in ratings, premium payments, or dividends for a reason based on the sex of an applicant or policyholder unless there is actuarial justification for the differential.
(3)(i) Except as provided in § 27-909 of this title and notwithstanding any other provision of this section, an insurer may not make or allow a differential in ratings, premium payments, or dividends for contracts of health insurance for a reason based on the blindness or other physical handicap or disability of an applicant or policyholder.
(ii) Except as provided in § 27-909 of this title, actuarial justification for the differential may be considered for a physical handicap or disability other than blindness or hearing impairment.

Credits

Added by Acts 1997, c. 35, § 2, eff. Oct. 1, 1997. Amended by Acts 2005, c. 563, § 1, eff. Oct. 1, 2005; Acts 2016, c. 123, § 1, eff. Oct. 1, 2016.
Formerly Art. 48A, § 223.
MD Code, Insurance, § 27-208, MD INSURANCE § 27-208
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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