31A-21-503 - Discrimination based on domestic violence or child abuse prohibited. - Utah Statutes

31A-21-503. Discrimination based on domestic violence or child abuse prohibited.
(1) Except as provided in Subsection (2), an insurer of life or accident and healthinsurance may not consider whether an insured or applicant is the subject of domestic abuse as afactor to:
(a) refuse to insure the applicant;
(b) refuse to continue to insure the insured;
(c) refuse to renew or reissue a policy to insure the insured or applicant;
(d) limit the amount, extent, or kind of coverage available to the insured or applicant;
(e) charge a different rate for coverage to the insured or applicant;
(f) exclude or limit benefits or coverage under an insurance policy or contract for lossesincurred;
(g) deny a claim; or
(h) terminate coverage or fail to provide conversion privileges in violation of Sections31A-22-612 and 31A-22-723 under a group accident and health policy for the insured becausethe coverage was issued in the name of the perpetrator of the domestic violence or abuse.
(2) (a) Notwithstanding Subsection (1), an insurer may underwrite on the basis of thephysical or mental condition of an insured or applicant if the underwriting is on the basis of adetermination that there is a correlation between the medical or mental condition and a materialincrease in insurance risk.
(b) For purposes of Subsection (2)(a), the fact that an insured or applicant is a subject ofdomestic abuse is not a mental or physical condition.
(c) The determination required by Subsection (2)(a) shall be made in conformance withsound actuarial principles.
(d) Within 30 days after receiving an oral or written request from an insured or applicant,an insurer shall disclose in writing:
(i) the basis of an action permitted under Subsection (2)(a); and
(ii) if the policy has been issued or modified, the extent the action taken will impact theamount, extent, or kind of coverage or benefits available to the insured.

Amended by Chapter 307, 2007 General Session