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NORTH CAROLINA STATUTES AND CODES

§ 58-3-25. Discriminatory practices prohibited.

§58‑3‑25.  Discriminatory practices prohibited.

(a)        No insurer shallafter September 1, 1975, base any standard or rating plan for private passengerautomobiles or motorcycles, in whole or in part, directly or indirectly, uponthe age or sex of the persons insured.

(b)        No insurer shallrefuse to insure or refuse to continue to insure an individual, limit theamount, extent, or kind of coverage available to an individual, or charge anindividual a different rate for the same coverage, solely because of blindnessor partial blindness or deafness or partial deafness.  With respect to allother physical conditions, including the underlying cause of the blindness orpartial blindness or deafness or partial deafness, individuals who are blind orpartially blind shall be subject to the same standards of sound actuarialprinciples or actual or reasonably anticipated experience as are sightedindividuals or individuals whose hearing is not impaired.  Refusal to insure orrefusal to continue to insure includes denial by an insurer providingdisability insurance on the grounds that the policy defines disability as beingpresumed in the event that the insured loses his eyesight or hearing:  Providedthat an insurer providing disability insurance may except disability coveragefor blindness, partial blindness, deafness, or partial deafness when thoseconditions existed at the time the application was made for the disabilityinsurance policy.  The provisions of this subsection shall be construed tosupplement the provisions of G.S. 58‑63‑15(7) and G.S. 168‑10. This subsection shall apply only to the underwriting of life insurance,accident, health, or accident and health insurance under Articles 1 through 66of this Chapter, and annuities.

(c)        No insurer shallrefuse to insure or refuse to continue to insure an individual; limit theamount, extent, or kind of coverage available to an individual; or charge anindividual a different rate for the same coverage, because of the race, color,or national or ethnic origin of that individual.  This subsection supplementsthe provisions of G.S. 58‑3‑120, 58‑33‑80, 58‑58‑35,and 58‑63‑15(7). (1975, c. 666, s. 1; 1985, c.267, s. 1; 1989, c. 485, s. 22; 1991, c. 720, s. 67.)

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