PRINTER'S NO. 4141

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 3014 Session of 1994


        INTRODUCED BY VANCE, PERZEL, EVANS, SAYLOR, ZUG, NAILOR, TRUE,
           MARSICO, SCHULER, RUDY, RUBLEY, MASLAND, YANDRISEVITS,
           GORDNER, DENT, SANTONI, TRELLO, TIGUE, TANGRETTI, KENNEY,
           FAIRCHILD, NICKOL, BUXTON, EGOLF, FLEAGLE, HASAY, KUKOVICH,
           CAWLEY, STURLA, B. SMITH, PETRONE, DEMPSEY, MUNDY,
           M. N. WRIGHT, E. Z. TAYLOR, WAUGH, ULIANA, HENNESSEY, DeLUCA,
           DALEY, TRICH, ROEBUCK, VAN HORNE, LAUB, PITTS, FARMER, TULLI,
           PLATTS, GLADECK, LEVDANSKY, GEIST, HUTCHINSON, HARLEY,
           STEELMAN, BELFANTI, MERRY, MANDERINO AND RICHARDSON,
           SEPTEMBER 27, 1994

        REFERRED TO COMMITTEE ON INSURANCE, SEPTEMBER 27, 1994

                                     AN ACT

     1  Amending the act of July 22, 1974 (P.L.589, No.205), entitled
     2     "An act relating to unfair insurance practices; prohibiting
     3     unfair methods of competition and unfair or deceptive acts
     4     and practices; and prescribing remedies and penalties,"
     5     providing for victims of abuse.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 5(a) of the act of July 22, 1974
     9  (P.L.589, No.205), known as the Unfair Insurance Practices Act,
    10  is amended by adding a clause to read:
    11     Section 5.  Unfair Methods of Competition and Unfair or
    12  Deceptive Acts or Practices Defined.--(a)  "Unfair methods of
    13  competition" and "unfair or deceptive acts or practices" in the
    14  business of insurance means:
    15     * * *


     1     (14)  (i)  denying, refusing to issue, renew or reissue, or
     2  cancelling or terminating insurance or restricting insurance
     3  coverage to any individual, because that individual is, has been
     4  or may be the victim of abuse, or seeks, has sought, or may seek
     5  medical or psychological treatment for abuse, protection from
     6  abuse, or shelter from abuse; or
     7     (ii)  using underwriting standards or practices, including
     8  those regarding making or promulgating rates, which adversely
     9  take into account any individual's history of or status as a
    10  victim of abuse; or
    11     (iii)  excluding insurance coverage for losses incurred by
    12  the victim as a result of abuse.
    13  For purposes of this clause, the term "abuse" and "victim" shall
    14  have the meanings given to them in 23 Pa.C.S. section 6102(a)
    15  (relating to definitions).
    16     * * *
    17     Section 2.  This act shall take effect in 60 days.









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