Bill Title: To prohibit an insurer's use of a credit score, credit history, or credit report in fixing a premium rate for, or the terms and conditions of, an insurance policy, or in determining whether to issue, continue, or renew an insurance policy.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-01 - To Insurance, Commerce, & Labor
[SB34 Detail]Download: Ohio-2011-SB34-Introduced.html
As Introduced
| 129th General Assembly | | Regular Session | | 2011-2012 |
| |
A BILL
| To amend section 3901.21 of the Revised Code to | 1 |
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prohibit an insurer's use of a credit score, | 2 |
|
credit history, or credit report in fixing a | 3 |
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premium rate for, or the terms and conditions of, | 4 |
|
an insurance policy, or in determining whether to | 5 |
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issue, continue, or renew an insurance policy. | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 3901.21 of the Revised Code be | 7 |
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amended to read as follows: | 8 |
| Sec. 3901.21. The following are hereby defined as unfair and
| 9 |
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deceptive acts or practices in the business of insurance:
| 10 |
| (A) Making, issuing, circulating, or causing or permitting to
| 11 |
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be made, issued, or circulated, or preparing with intent to so
| 12 |
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use, any estimate, illustration, circular, or statement
| 13 |
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misrepresenting the terms of any policy issued or to be issued or
| 14 |
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the benefits or advantages promised thereby or the dividends or
| 15 |
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share of the surplus to be received thereon, or making any false
| 16 |
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or misleading statements as to the dividends or share of surplus
| 17 |
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previously paid on similar policies, or making any misleading
| 18 |
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representation or any misrepresentation as to the financial
| 19 |
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condition of any insurer as shown by the last preceding verified
| 20 |
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statement made by it to the insurance department of this state, or
| 21 |
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as to the legal reserve system upon which any life insurer
| 22 |
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operates, or using any name or title of any policy or class of
| 23 |
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policies misrepresenting the true nature thereof, or making any
| 24 |
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misrepresentation or incomplete comparison to any person for the
| 25 |
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purpose of inducing or tending to induce such person to purchase,
| 26 |
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amend, lapse, forfeit, change, or surrender insurance.
| 27 |
| Any written statement concerning the premiums for a policy
| 28 |
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which refers to the net cost after credit for an assumed dividend,
| 29 |
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without an accurate written statement of the gross premiums, cash
| 30 |
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values, and dividends based on the insurer's current dividend
| 31 |
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scale, which are used to compute the net cost for such policy, and
| 32 |
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a prominent warning that the rate of dividend is not guaranteed,
| 33 |
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is a misrepresentation for the purposes of this division.
| 34 |
| (B) Making, publishing, disseminating, circulating, or
| 35 |
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placing before the public or causing, directly or indirectly, to
| 36 |
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be made, published, disseminated, circulated, or placed before the
| 37 |
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public, in a newspaper, magazine, or other publication, or in the
| 38 |
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form of a notice, circular, pamphlet, letter, or poster, or over
| 39 |
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any radio station, or in any other way, or preparing with intent
| 40 |
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to so use, an advertisement, announcement, or statement containing
| 41 |
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any assertion, representation, or statement, with respect to the
| 42 |
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business of insurance or with respect to any person in the conduct
| 43 |
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of the person's insurance business, which is untrue, deceptive, or
| 44 |
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misleading.
| 45 |
| (C) Making, publishing, disseminating, or circulating,
| 46 |
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directly or indirectly, or aiding, abetting, or encouraging the
| 47 |
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making, publishing, disseminating, or circulating, or preparing
| 48 |
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with intent to so use, any statement, pamphlet, circular, article,
| 49 |
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or literature, which is false as to the financial condition of an
| 50 |
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insurer and which is calculated to injure any person engaged in
| 51 |
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the business of insurance.
| 52 |
| (D) Filing with any supervisory or other public official, or
| 53 |
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making, publishing, disseminating, circulating, or delivering to
| 54 |
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any person, or placing before the public, or causing directly or
| 55 |
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indirectly to be made, published, disseminated, circulated,
| 56 |
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delivered to any person, or placed before the public, any false
| 57 |
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statement of financial condition of an insurer.
| 58 |
| Making any false entry in any book, report, or statement of
| 59 |
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any insurer with intent to deceive any agent or examiner lawfully
| 60 |
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appointed to examine into its condition or into any of its
| 61 |
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affairs, or any public official to whom such insurer is required
| 62 |
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by law to report, or who has authority by law to examine into its
| 63 |
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condition or into any of its affairs, or, with like intent,
| 64 |
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willfully omitting to make a true entry of any material fact
| 65 |
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pertaining to the business of such insurer in any book, report, or
| 66 |
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statement of such insurer, or mutilating, destroying, suppressing,
| 67 |
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withholding, or concealing any of its records.
| 68 |
| (E) Issuing or delivering or permitting agents, officers, or
| 69 |
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employees to issue or deliver agency company stock or other
| 70 |
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capital stock or benefit certificates or shares in any common-law
| 71 |
|
corporation or securities or any special or advisory board
| 72 |
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contracts or other contracts of any kind promising returns and
| 73 |
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profits as an inducement to insurance.
| 74 |
| (F) Making or permitting any unfair discrimination among
| 75 |
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individuals of the same class and equal expectation of life in the
| 76 |
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rates charged for any contract of life insurance or of life
| 77 |
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annuity or in the dividends or other benefits payable thereon, or
| 78 |
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in any other of the terms and conditions of such contract.
| 79 |
| (G)(1) Except as otherwise expressly provided by law,
| 80 |
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knowingly permitting or offering to make or making any contract of
| 81 |
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life insurance, life annuity or accident and health insurance, or
| 82 |
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agreement as to such contract other than as plainly expressed in
| 83 |
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the contract issued thereon, or paying or allowing, or giving or
| 84 |
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offering to pay, allow, or give, directly or indirectly, as
| 85 |
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inducement to such insurance, or annuity, any rebate of premiums
| 86 |
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payable on the contract, or any special favor or advantage in the
| 87 |
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dividends or other benefits thereon, or any valuable consideration
| 88 |
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or inducement whatever not specified in the contract; or giving,
| 89 |
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or selling, or purchasing, or offering to give, sell, or purchase,
| 90 |
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as inducement to such insurance or annuity or in connection
| 91 |
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therewith, any stocks, bonds, or other securities, or other
| 92 |
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obligations of any insurance company or other corporation,
| 93 |
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association, or partnership, or any dividends or profits accrued
| 94 |
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thereon, or anything of value whatsoever not specified in the
| 95 |
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contract.
| 96 |
| (2) Nothing in division (F) or division (G)(1) of this
| 97 |
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section shall be construed as prohibiting any of the following
| 98 |
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practices: (a) in the case of any contract of life insurance or
| 99 |
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life annuity, paying bonuses to policyholders or otherwise abating
| 100 |
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their premiums in whole or in part out of surplus accumulated from
| 101 |
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nonparticipating insurance, provided that any such bonuses or
| 102 |
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abatement of premiums shall be fair and equitable to policyholders
| 103 |
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and for the best interests of the company and its policyholders;
| 104 |
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(b) in the case of life insurance policies issued on the
| 105 |
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industrial debit plan, making allowance to policyholders who have
| 106 |
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continuously for a specified period made premium payments directly
| 107 |
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to an office of the insurer in an amount which fairly represents
| 108 |
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the saving in collection expenses; (c) readjustment of the rate of
| 109 |
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premium for a group insurance policy based on the loss or expense
| 110 |
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experience thereunder, at the end of the first or any subsequent
| 111 |
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policy year of insurance thereunder, which may be made retroactive
| 112 |
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only for such policy year.
| 113 |
| (H) Making, issuing, circulating, or causing or permitting to
| 114 |
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be made, issued, or circulated, or preparing with intent to so
| 115 |
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use, any statement to the effect that a policy of life insurance
| 116 |
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is, is the equivalent of, or represents shares of capital stock or
| 117 |
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any rights or options to subscribe for or otherwise acquire any
| 118 |
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such shares in the life insurance company issuing that policy or
| 119 |
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any other company.
| 120 |
| (I) Making, issuing, circulating, or causing or permitting to
| 121 |
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be made, issued or circulated, or preparing with intent to so
| 122 |
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issue, any statement to the effect that payments to a policyholder
| 123 |
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of the principal amounts of a pure endowment are other than
| 124 |
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payments of a specific benefit for which specific premiums have
| 125 |
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been paid.
| 126 |
| (J) Making, issuing, circulating, or causing or permitting to
| 127 |
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be made, issued, or circulated, or preparing with intent to so
| 128 |
|
use, any statement to the effect that any insurance company was
| 129 |
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required to change a policy form or related material to comply
| 130 |
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with Title XXXIX of the Revised Code or any regulation of the
| 131 |
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superintendent of insurance, for the purpose of inducing or
| 132 |
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intending to induce any policyholder or prospective policyholder
| 133 |
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to purchase, amend, lapse, forfeit, change, or surrender
| 134 |
|
insurance.
| 135 |
| (K) Aiding or abetting another to violate this section.
| 136 |
| (L) Refusing to issue any policy of insurance, or canceling
| 137 |
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or declining to renew such policy because of the sex or marital
| 138 |
|
status of the applicant, prospective insured, insured, or
| 139 |
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policyholder.
| 140 |
| (M)(1) Making or permitting any unfair discrimination between
| 141 |
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individuals of the same class and of essentially the same hazard
| 142 |
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in the amount of premium, policy fees, or rates charged for any
| 143 |
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policy or contract of insurance, other than life insurance, or in
| 144 |
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the benefits payable thereunder, or in underwriting standards and
| 145 |
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practices or eligibility requirements, or in any of the terms or
| 146 |
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conditions of such contract, or in any other manner whatever.
| 147 |
| (2) Considering an individual's credit score, credit report, | 148 |
|
or credit history in determining a premium, policy fee, or rate | 149 |
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charged for, in setting the coverage provided by, benefits payable | 150 |
|
under, or other terms and conditions of, or in refusing to issue, | 151 |
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canceling, or refusing to renew, any policy or contract of | 152 |
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insurance. | 153 |
| For purposes of division (M)(2) of this section, "credit | 154 |
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score," "credit report," and "credit history" mean any written, | 155 |
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oral, or other communication of any information bearing on a | 156 |
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consumer's creditworthiness, credit standing, or credit capacity. | 157 |
| (N) Refusing to make available disability income insurance
| 158 |
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solely because the applicant's principal occupation is that of
| 159 |
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managing a household.
| 160 |
| (O) Refusing, when offering maternity benefits under any
| 161 |
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individual or group sickness and accident insurance policy, to
| 162 |
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make maternity benefits available to the policyholder for the
| 163 |
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individual or individuals to be covered under any comparable
| 164 |
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policy to be issued for delivery in this state, including family
| 165 |
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members if the policy otherwise provides coverage for family
| 166 |
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members. Nothing in this division shall be construed to prohibit
| 167 |
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an insurer from imposing a reasonable waiting period for such
| 168 |
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benefits under an individual sickness and accident insurance
| 169 |
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policy issued to an individual who is not a federally eligible
| 170 |
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individual or a nonemployer-related group sickness and accident
| 171 |
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insurance policy, but in no event shall such waiting period exceed
| 172 |
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two hundred seventy days.
| 173 |
| For purposes of division (O) of this section, "federally
| 174 |
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eligible individual" means an eligible individual as defined in 45
| 175 |
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C.F.R. 148.103.
| 176 |
| (P) Using, or permitting to be used, a pattern settlement as
| 177 |
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the basis of any offer of settlement. As used in this division,
| 178 |
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"pattern settlement" means a method by which liability is
| 179 |
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routinely imputed to a claimant without an investigation of the
| 180 |
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particular occurrence upon which the claim is based and by using a
| 181 |
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predetermined formula for the assignment of liability arising out
| 182 |
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of occurrences of a similar nature. Nothing in this division shall
| 183 |
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be construed to prohibit an insurer from determining a claimant's
| 184 |
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liability by applying formulas or guidelines to the facts and
| 185 |
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circumstances disclosed by the insurer's investigation of the
| 186 |
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particular occurrence upon which a claim is based.
| 187 |
| (Q) Refusing to insure, or refusing to continue to insure, or
| 188 |
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limiting the amount, extent, or kind of life or sickness and
| 189 |
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accident insurance or annuity coverage available to an individual,
| 190 |
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or charging an individual a different rate for the same coverage
| 191 |
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solely because of blindness or partial blindness. With respect to
| 192 |
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all other conditions, including the underlying cause of blindness
| 193 |
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or partial blindness, persons who are blind or partially blind
| 194 |
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shall be subject to the same standards of sound actuarial
| 195 |
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principles or actual or reasonably anticipated actuarial
| 196 |
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experience as are sighted persons. Refusal to insure includes, but
| 197 |
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is not limited to, denial by an insurer of disability insurance
| 198 |
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coverage on the grounds that the policy defines "disability" as
| 199 |
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being presumed in the event that the eyesight of the insured is
| 200 |
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lost. However, an insurer may exclude from coverage disabilities
| 201 |
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consisting solely of blindness or partial blindness when such
| 202 |
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conditions existed at the time the policy was issued. To the
| 203 |
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extent that the provisions of this division may appear to conflict
| 204 |
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with any provision of section 3999.16 of the Revised Code, this
| 205 |
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division applies.
| 206 |
| (R)(1) Directly or indirectly offering to sell, selling, or
| 207 |
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delivering, issuing for delivery, renewing, or using or otherwise
| 208 |
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marketing any policy of insurance or insurance product in
| 209 |
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connection with or in any way related to the grant of a student
| 210 |
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loan guaranteed in whole or in part by an agency or commission of
| 211 |
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this state or the United States, except insurance that is required
| 212 |
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under federal or state law as a condition for obtaining such a
| 213 |
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loan and the premium for which is included in the fees and charges
| 214 |
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applicable to the loan; or, in the case of an insurer or insurance
| 215 |
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agent, knowingly permitting any lender making such loans to engage
| 216 |
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in such acts or practices in connection with the insurer's or
| 217 |
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agent's insurance business.
| 218 |
| (2) Except in the case of a violation of division (G) of this
| 219 |
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section, division (R)(1) of this section does not apply to either
| 220 |
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of the following:
| 221 |
| (a) Acts or practices of an insurer, its agents,
| 222 |
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representatives, or employees in connection with the grant of a
| 223 |
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guaranteed student loan to its insured or the insured's spouse or
| 224 |
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dependent children where such acts or practices take place more
| 225 |
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than ninety days after the effective date of the insurance;
| 226 |
| (b) Acts or practices of an insurer, its agents,
| 227 |
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representatives, or employees in connection with the solicitation,
| 228 |
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processing, or issuance of an insurance policy or product covering
| 229 |
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the student loan borrower or the borrower's spouse or dependent
| 230 |
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children, where such acts or practices take place more than one
| 231 |
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hundred eighty days after the date on which the borrower is
| 232 |
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notified that the student loan was approved.
| 233 |
| (S) Denying coverage, under any health insurance or health
| 234 |
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care policy, contract, or plan providing family coverage, to any
| 235 |
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natural or adopted child of the named insured or subscriber solely
| 236 |
|
on the basis that the child does not reside in the household of
| 237 |
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the named insured or subscriber.
| 238 |
| (T)(1) Using any underwriting standard or engaging in any
| 239 |
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other act or practice that, directly or indirectly, due solely to
| 240 |
|
any health status-related factor in relation to one or more
| 241 |
|
individuals, does either of the following:
| 242 |
| (a) Terminates or fails to renew an existing individual
| 243 |
|
policy, contract, or plan of health benefits, or a health benefit
| 244 |
|
plan issued to an employer, for which an individual would
| 245 |
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otherwise be eligible;
| 246 |
| (b) With respect to a health benefit plan issued to an
| 247 |
|
employer, excludes or causes the exclusion of an individual from
| 248 |
|
coverage under an
existing employer-provided policy, contract, or
| 249 |
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plan of health benefits.
| 250 |
| (2) The superintendent of insurance may adopt rules in
| 251 |
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accordance with Chapter 119. of the Revised Code for purposes of
| 252 |
|
implementing division (T)(1) of this section.
| 253 |
| (3) For purposes of division (T)(1) of this section, "health
| 254 |
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status-related factor" means any of the following:
| 255 |
| (b) Medical condition, including both physical and mental
| 257 |
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illnesses;
| 258 |
| (c) Claims experience;
| 259 |
| (d) Receipt of health care;
| 260 |
| (f) Genetic information;
| 262 |
| (g) Evidence of insurability, including conditions arising
| 263 |
|
out of acts of domestic violence;
| 264 |
| (U) With respect to a health benefit plan issued to a small
| 266 |
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employer, as those terms are defined in section 3924.01 of the
| 267 |
|
Revised Code, negligently or willfully placing coverage for
| 268 |
|
adverse risks with a certain carrier, as defined in section
| 269 |
|
3924.01 of the Revised Code.
| 270 |
| (V) Using any program, scheme, device, or other unfair act or
| 271 |
|
practice that, directly or indirectly, causes or results in the
| 272 |
|
placing of coverage for adverse risks with another carrier, as
| 273 |
|
defined in section 3924.01 of the Revised Code.
| 274 |
| (W) Failing to comply with section 3923.23, 3923.231,
| 275 |
|
3923.232, 3923.233, or 3923.234 of the Revised Code by engaging in
| 276 |
|
any unfair, discriminatory reimbursement practice.
| 277 |
| (X) Intentionally establishing an unfair premium for, or
| 278 |
|
misrepresenting the cost of, any insurance policy financed under a
| 279 |
|
premium finance agreement of an insurance premium finance company.
| 280 |
| (Y)(1)(a) Limiting coverage under, refusing to issue,
| 281 |
|
canceling, or refusing to renew, any individual policy or contract
| 282 |
|
of life insurance, or limiting coverage under or refusing to issue
| 283 |
|
any individual policy or contract of health insurance, for the
| 284 |
|
reason that the insured or applicant for insurance is or has been
| 285 |
|
a victim of domestic violence;
| 286 |
| (b) Adding a surcharge or rating factor to a premium of any
| 287 |
|
individual policy or contract of life or health insurance for the
| 288 |
|
reason that the insured or applicant for insurance is or has been
| 289 |
|
a victim of domestic violence;
| 290 |
| (c) Denying coverage under, or limiting coverage under, any
| 291 |
|
policy or contract of life or health insurance, for the reason
| 292 |
|
that a claim under the policy or contract arises from an incident
| 293 |
|
of domestic violence;
| 294 |
| (d) Inquiring, directly or indirectly, of an insured under,
| 295 |
|
or of an applicant for, a policy or contract of life or health
| 296 |
|
insurance, as to whether the insured or applicant is or has been a
| 297 |
|
victim of domestic violence, or inquiring as to whether the
| 298 |
|
insured or applicant has sought shelter or protection from
| 299 |
|
domestic violence or has sought medical or psychological treatment
| 300 |
|
as a victim of domestic violence.
| 301 |
| (2) Nothing in division (Y)(1) of this section shall be
| 302 |
|
construed to prohibit an insurer from inquiring as to, or from
| 303 |
|
underwriting or rating a risk on the basis of, a person's physical
| 304 |
|
or mental condition, even if the condition has been caused by
| 305 |
|
domestic violence, provided that all of the following apply:
| 306 |
| (a) The insurer routinely considers the condition in
| 307 |
|
underwriting or in rating risks, and does so in the same manner
| 308 |
|
for a victim of domestic violence as for an insured or applicant
| 309 |
|
who is not a victim of domestic violence;
| 310 |
| (b) The insurer does not refuse to issue any policy or
| 311 |
|
contract of life or health insurance or cancel or refuse to renew
| 312 |
|
any policy or contract of life insurance, solely on the basis of
| 313 |
|
the condition, except where such refusal to issue, cancellation,
| 314 |
|
or refusal to renew is based on sound actuarial principles or is
| 315 |
|
related to actual or reasonably anticipated experience;
| 316 |
| (c) The insurer does not consider a person's status as being
| 317 |
|
or as having been a victim of domestic violence, in itself, to be
| 318 |
|
a physical or mental condition;
| 319 |
| (d) The underwriting or rating of a risk on the basis of the
| 320 |
|
condition is not used to evade the intent of division (Y)(1) of
| 321 |
|
this section, or of any other provision of the Revised Code.
| 322 |
| (3)(a) Nothing in division (Y)(1) of this section shall be
| 323 |
|
construed to prohibit an insurer from refusing to issue a policy
| 324 |
|
or contract of life insurance insuring the life of a person who is
| 325 |
|
or has been a victim of domestic violence if the person who
| 326 |
|
committed the act of domestic violence is the applicant for the
| 327 |
|
insurance or would be the owner of the insurance policy or
| 328 |
|
contract.
| 329 |
| (b) Nothing in division (Y)(2) of this section shall be
| 330 |
|
construed to permit an insurer to cancel or refuse to renew any
| 331 |
|
policy or contract of health insurance in violation of the "Health
| 332 |
|
Insurance Portability and Accountability Act of 1996," 110 Stat.
| 333 |
|
1955, 42 U.S.C.A. 300gg-41(b), as amended, or in a manner that
| 334 |
|
violates or is inconsistent with any provision of the Revised Code
| 335 |
|
that implements the "Health Insurance Portability and
| 336 |
|
Accountability Act of 1996."
| 337 |
| (4) An insurer is immune from any civil or criminal liability
| 338 |
|
that otherwise might be incurred or imposed as a result of any
| 339 |
|
action taken by the insurer to comply with division (Y) of this
| 340 |
|
section.
| 341 |
| (5) As used in division (Y) of this section, "domestic
| 342 |
|
violence" means any of the following acts:
| 343 |
| (a) Knowingly causing or attempting to cause physical harm to
| 344 |
|
a family or household member;
| 345 |
| (b) Recklessly causing serious physical harm to a family or
| 346 |
|
household member;
| 347 |
| (c) Knowingly causing, by threat of force, a family or
| 348 |
|
household member to believe that the person will cause imminent
| 349 |
|
physical harm to the family or household member.
| 350 |
| For the purpose of division (Y)(5) of this section, "family
| 351 |
|
or household member" has the same meaning as in section 2919.25 of
| 352 |
|
the Revised Code.
| 353 |
| Nothing in division (Y)(5) of this section shall be construed
| 354 |
|
to require, as a condition to the application of division (Y) of
| 355 |
|
this section, that the act described in division (Y)(5) of this
| 356 |
|
section be the basis of a criminal prosecution.
| 357 |
| (Z) Disclosing a coroner's records by an insurer in violation
| 358 |
|
of section 313.10 of the Revised Code.
| 359 |
| (AA) Making, issuing, circulating, or causing or permitting
| 360 |
|
to be made, issued, or circulated any statement or representation
| 361 |
|
that a life insurance policy or annuity is a contract for the
| 362 |
|
purchase of funeral goods or services.
| 363 |
| With respect to private passenger automobile insurance, no
| 364 |
|
insurer shall charge different premium rates to persons residing
| 365 |
|
within the limits of any municipal corporation based solely on the
| 366 |
|
location of the residence of the insured within those limits.
| 367 |
| The enumeration in sections 3901.19 to 3901.26 of the Revised
| 368 |
|
Code of specific unfair or deceptive acts or practices in the
| 369 |
|
business of insurance is not exclusive or restrictive or intended
| 370 |
|
to limit the powers of the superintendent of insurance to adopt
| 371 |
|
rules to implement this section, or to take action under other
| 372 |
|
sections of the Revised Code.
| 373 |
| This section does not prohibit the sale of shares of any
| 374 |
|
investment company registered under the "Investment Company Act of
| 375 |
|
1940," 54 Stat. 789, 15 U.S.C.A. 80a-1, as amended, or any
| 376 |
|
policies, annuities, or other contracts described in section
| 377 |
|
3907.15 of the Revised Code.
| 378 |
| As used in this section, "estimate," "statement,"
| 379 |
|
"representation," "misrepresentation," "advertisement," or
| 380 |
|
"announcement" includes oral or written occurrences.
| 381 |
| Section 2. That existing section 3901.21 of the Revised Code | 382 |
|
is hereby repealed. | 383 |
