Florida Senate - 2014 SB 424 By Senator Lee 24-00321A-14 2014424__ 1 A bill to be entitled 2 An act relating to discriminatory insurance practices; 3 amending s. 626.9541, F.S.; providing that unfair 4 discrimination on the basis of gun ownership in the 5 provision of personal lines property or personal lines 6 automobile insurance is a discriminatory insurance 7 practice; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Paragraph (g) of subsection (1) of section 12 626.9541, Florida Statutes, is amended to read: 13 626.9541 Unfair methods of competition and unfair or 14 deceptive acts or practices defined.— 15 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE 16 ACTS.—The following are defined as unfair methods of competition 17 and unfair or deceptive acts or practices: 18 (g) Unfair discrimination.— 19 1. Knowingly making or permitting
anyunfair discrimination 20 between individuals of the same actuarially supportable class 21 and equal expectation of life, in the rates charged for a any22 life insurance or annuity contract, in the dividends or other 23 benefits payable thereon, or in any other term or condition of24 the terms and conditionsof such contract. 25 2. Knowingly making or permitting anyunfair discrimination 26 between individuals of the same actuarially supportable class, 27 as determined at the originaltime of initial issuance of the 28 coverage, and essentially the same hazard, in the amount of 29 premium, policy fees, or rates charged for a anypolicy or 30 contract of accident, disability, or health insurance, in the 31 benefits payable thereunder, in any ofthe terms or conditions 32 of such contract, or in any other manner whatever. 33 3. For a health insurer, life insurer, disability insurer, 34 property and casualty insurer, automobile insurer, or managed 35 care provider to underwrite a policy, or refuse to issue, 36 reissue, or renew a policy, refuse to pay a claim, cancel or 37 otherwise terminate a policy, or increase rates based upon the 38 fact that an insured or applicant who is also the proposed 39 insured has made a claim or sought or should have sought medical 40 or psychological treatment in the past for abuse, protection 41 from abuse, or shelter from abuse, or that a claim was caused in 42 the past by, or might occur as a result of, any future assault, 43 battery, or sexual assault by a family or household member upon 44 another family or household member as defined in s. 741.28. A 45 health insurer, life insurer, disability insurer, or managed 46 care provider may refuse to underwrite, issue, or renew a policy 47 based on the applicant’s medical condition, but may shallnot 48 consider whether such condition was caused by an act of abuse. 49 For purposes of this section, the term “abuse” means the 50 occurrence of one or more of the following acts: 51 a. Attempting or committing assault, battery, sexual 52 assault, or sexual battery; 53 b. Placing another in fear of imminent serious bodily 54 injury by physical menace; 55 c. False imprisonment; 56 d. Physically or sexually abusing a minor child; or 57 e. An act of domestic violence as defined in s. 741.28. 58 59 This subparagraph does not prohibit a property and casualty 60 insurer or an automobile insurer from excluding coverage for 61 intentional acts by the insured if such exclusion is doesnot 62 constitutean act of unfair discrimination as defined in this 63 paragraph. 64 4. For a personal lines property or personal lines 65 automobile insurer to: 66 a. Refuse to issue, reissue, or renew a policy; cancel or 67 otherwise terminate a policy; or charge an unfairly 68 discriminatory rate in this state based on the lawful use, 69 possession, or ownership of a firearm by the insurance 70 applicant, insured, or a household member of the applicant or 71 insured. 72 b. Disclose the lawful ownership or possession of firearms 73 of an insurance applicant, insured, or household member of the 74 applicant or insured to a third party or an affiliated entity of 75 the insurer unless the insurer discloses to the applicant or 76 insured the specific need to disclose the information and the 77 applicant or insured expressly consents to the disclosure. 78 Section 2. This act shall take effect July 1, 2014.