40-2,109. Mental or physical handicaps; rate discrimination prohibited; enforcement. - Kansas Statutes

40-2,109

Chapter 40.--INSURANCE Article 2.--GENERAL PROVISIONS

      40-2,109.   Mental or physical handicaps; rate discrimination prohibited;enforcement.(a) No insurance company shall charge unfair discriminatory premiums,policy fees or rates for, or refuse to provide, any policy or contractof life insurance, life annuity or policy containing disability coveragefor a person solely because the applicant therefor has amental or physical handicap unless the rate differential, or refusal toprovide, is based on sound actuarialprinciples or is related to actual or reasonably anticipated experience. No insurance companyshall unfairly discriminate in the payments of dividends, other benefitspayable under a policy, or in any of the terms and conditions of suchpolicy or contract solely because the owner of the policy or contracthas a mental or physical handicap unless the difference is based on soundactuarial principles or is related to actual or reasonably anticipated experience.

      (b)   Nothing in this section shall be construed as requiring aninsurance company to provide insurance coverage against amental or physical handicap which the applicant or policyholder has already sustained.

      (c)   Enforcement of the provisions of this section shall be in accordancewith article 24 of chapter 40 of the Kansas Statutes Annotated, and actsamendatory thereof and supplemental thereto.

      History:   L. 1978, ch. 169, § 1; L. 1980, ch. 133, § 1; July 1.