PRINTER'S NO. 4193
No. 3050 Session of 1994
INTRODUCED BY COLAFELLA, DeWEESE, BLAUM, SCRIMENTI, CARONE,
D. R. WRIGHT, STURLA, STABACK, JOSEPHS, LEVDANSKY, CAWLEY,
PITTS, SAYLOR, TRELLO, YANDRISEVITS, RUDY, LAUB, TOMLINSON,
PISTELLA, MELIO, SURRA, BELARDI, TRICH, BEBKO-JONES, BUXTON,
MIHALICH, PLATTS, VAN HORNE, TULLI, KUKOVICH, HENNESSEY,
LAUGHLIN, TIGUE, WILLIAMS, RAYMOND, BATTISTO, BELFANTI,
JAROLIN, PETRARCA, SANTONI AND RICHARDSON, SEPTEMBER 28, 1994
REFERRED TO COMMITTEE ON INSURANCE, SEPTEMBER 28, 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 further providing for unfair methods and practices with
6 respect to discrimination against victims of abuse.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 5(a) of the act of July 22, 1974
10 (P.L.589, No.205), known as the Unfair Insurance Practices Act,
11 is amended by adding a paragraph to read:
12 Section 5. Unfair Methods of Competition and Unfair or
13 Deceptive Acts or Practices Defined.--(a) "Unfair methods of
14 competition" and "unfair or deceptive acts or practices" in the
15 business of insurance means:
16 * * *
17 (14) (i) Denying; refusing to issue, renew or reissue; or
1 cancelling or otherwise terminating an individual or group
2 accident and health or life insurance policy or restricting such
3 insurance coverage on any individual, solely because that
4 individual is, has been, or may be the subject of abuse, or
5 seeks, or has sought, medical or psychological treatment for
6 abuse, protection from abuse, or shelter from abuse.
7 (ii) Adding any surcharge or rating factor to the premium of
8 an accident and health or life insurance policy because of an
9 individual's history of status or potential to be subject to
10 abuse.
11 (iii) Excluding or limiting individual or group accident and
12 health or life insurance coverage for losses or denying a claim
13 incurred by an insured as a result of abuse or the potential for
14 abuse.
15 (iv) For purposes of this clause, the term "abuse" shall be
16 as defined in 23 Pa.C.S. § 6102 (relating to definitions).
17 * * *
18 Section 2. This act shall take effect immediately.
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