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§ 991.2003. Discrimination prohibited

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 40 P.S. Insurance

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 40 P.S. Insurance (Refs & Annos)
Chapter 2. Insurance Companies (Refs & Annos)
Article XX. Automobile Insurance Issuance, Renewal, Cancellation and Refusal
40 P.S. § 991.2003
§ 991.2003. Discrimination prohibited
Currentness
(a) An insurer may not cancel or refuse to write or renew a policy of automobile insurance for any of the following reasons:
(1) Age.
(2) Residence or operation of a motor vehicle in a specific geographic area.
(3) Race.
(4) Color.
(5) Creed.
(6) National origin.
(7) Ancestry.
(8) Marital status.
(9) Sex.
(10) Lawful occupation, including military service.
(11) The refusal of another insurer to write a policy or the cancellation or refusal to renew an existing policy by another insurer.
(12) Illness or permanent or temporary disability where the insured can medically document that such illness or disability will not impair his ability to operate a motor vehicle. Failure to provide such documentation shall be proper reason for the insurer to amend the policy of the named insured to exclude such disabled insured from coverage under the policy while operating a motor vehicle after the effective date of such policy amendment but shall not be proper reason to cancel or refuse to write or renew the policy. Nothing in this provision shall be construed to effect such excluded individual's eligibility for coverage under the named insured's policy for any injury sustained while not operating a motor vehicle. Illness or permanent or temporary disability on the part of any insured shall not be proper reason for cancelling the policy of the named insured.
(13) Any accident which occurred under the following circumstances:
(i) automobile lawfully parked (if the parked vehicle rolls from the parked position, then any such accident is charged to the person who parked the automobile);
(ii) the applicant, owner or other resident operator is reimbursed by or on behalf of a person who is responsible for the accident or has judgment against such person;
(iii) automobile is struck in the rear by another vehicle and the applicant or other resident operator has not been convicted of a moving traffic violation in connection with this accident;
(iv) operator of the other automobile involved in the accident was convicted of a moving traffic violation and the applicant or resident operator was not convicted of a moving traffic violation in connection with the accident;
(v) automobile operated by the applicant or any resident operator is struck by a “hit-and-run” vehicle if the accident is reported to the proper authority within twenty-four (24) hours by the applicant or resident operator;
(vi) accident involving damage by contact with animals or fowl;
(vii) accident involving physical damage, limited to and caused by flying gravel, missiles or falling objects;
(viii) accident occurring when using automobile in response to any emergency if the operator of the automobile at the time of the accident was a paid or volunteer member of any police or fire department, first aid squad or any law enforcement agency. This exception does not include an accident occurring after the automobile ceases to be used in response to such emergency; or
(ix) accidents which occurred more than thirty-six (36) months prior to the later of the inception of the insurance policy or the upcoming anniversary date of the policy.
(14) Any claim under the comprehensive portion of the policy unless such loss was intentionally caused by the insured.
(b) An insurer may not cancel or refuse to renew a policy of automobile insurance on the basis of one accident within the thirty-six (36) month period prior to the upcoming anniversary date of the policy.
(c) For a period twelve (12) months after notice of termination given to an agent:
(1) An insurer may not cancel or refuse to renew existing policies written through the terminated agent because of such termination except as provided in paragraph (2).
(2) An insurer may cancel or refuse to renew only such policies as could have been cancelled or nonrenewed had the agency relationship continued.
(3) An insurer shall be obligated to pay commissions for such policies that are continued or renewed through the terminated agent except where:
(i) the insurer retained ownership of the expirations of such policies; or
(ii) the agent has misappropriated funds or property of the insurer or has failed to remit to the insurer funds due it promptly upon demand or has been terminated for insolvency, abandonment, gross and wilful misconduct or has had his license suspended or revoked.
(d) Subsequent to the twelve (12) month period after notice of termination given to an agent, an insurer may not cancel or refuse to renew existing policies written through the terminated agent without offering each such insured coverage on a direct basis or offering to refer the insured to one or more new agents in the event the terminated agent could not find a suitable insurer acceptable to the policyholder for such business. The offer need not be made if the insurer could have cancelled or nonrenewed the policy had the agency relationship continued. If the insurer retains ownership of the expirations of such policies, the insurer need not offer a new agent.
(e) An insurer may not cancel or refuse to renew a policy of automobile insurance for two or fewer moving violations in any jurisdiction or jurisdictions during a twenty-four (24) month period when the operator's record indicates that the named insured presently bears five points or fewer, unless
(1) All five points were incurred from one violation.
(2) The driver's license or motor vehicle registration of the named insured has been suspended or revoked.
(3) If, however, the driver's license has been suspended under 75 Pa.C.S. § 1533 (relating to suspension of operating privilege for failure to respond to citation) and the insured is able to produce proof that he or she has responded to all citations and paid all fines and penalties imposed under that section and that he or she has done so on or before the termination date of the policy, this suspension shall not be grounds for cancellation or for refusal to renew.
(f) The applicability of subsection (e) to one, other than the named insured, who either is a resident in the same household or who customarily operates an automobile insured under the policy shall be proper reason for the insurer to exclude that individual from coverage under the policy but not for cancelling the policy.
(g) As used in subsection (e), “points” shall mean points as set forth in 75 Pa.C.S. Ch. 151 (relating to licensing of drivers).

Credits

1921, May 17, P.L. 682, No. 284, § 2003, added 1998, June 17, P.L. 464, No. 68, § 1, effective in 60 days.

Footnotes

1
“§ 1501” in enrolled bill.
40 P.S. § 991.2003, PA ST 40 P.S. § 991.2003
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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