PRINTER'S NO. 1225
No. 1100 Session of 1995
INTRODUCED BY VANCE, PERZEL, EVANS, SAYLOR, ZUG, NAILOR, TRUE,
MARSICO, SCHULER, RUDY, RUBLEY, MASLAND, GORDNER, DENT,
SANTONI, TRELLO, TIGUE, TANGRETTI, KENNEY, FAIRCHILD, NICKOL,
BUXTON, EGOLF, FLEAGLE, HASAY, KUKOVICH, CAWLEY, STURLA,
B. SMITH, PETRONE, DEMPSEY, M. N. WRIGHT, E. Z. TAYLOR,
WAUGH, HENNESSEY, DeLUCA, DALEY, TRICH, ROEBUCK, VAN HORNE,
PITTS, FARMER, TULLI, PLATTS, GLADECK, LEVDANSKY, GEIST,
HUTCHINSON, STEELMAN, BELFANTI, MERRY, MANDERINO, BAKER,
LAUGHLIN, BLAUM, READSHAW, MUNDY, COWELL, BUNT, HERSHEY,
MILLER, BROWN, M. COHEN, STABACK, PESCI, HERMAN, SURRA,
CIVERA, CURRY, HALUSKA, VEON, JOSEPHS, FEESE, CLYMER,
CORNELL, STETLER, BOSCOLA, O'BRIEN, RAYMOND, SATHER,
BATTISTO, HORSEY, BARD, YOUNGBLOOD, BROWNE, WALKO, PICCOLA,
CARONE, PISTELLA, MICHLOVIC, KAISER, FAJT, ROONEY, CONTI,
DEWEESE, MAJOR, HARHART, BUTKOVITZ, ARGALL, JADLOWIEC,
GRUITZA, BARLEY, STEIL, REINARD, NYCE, ROBINSON, LAWLESS,
OLASZ, MARKOSEK, BISHOP, WASHINGTON, D. W. SNYDER, CHADWICK
AND BEBKO-JONES, MARCH 9, 1995
REFERRED TO COMMITTEE ON INSURANCE, MARCH 9, 1995
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 definitions and for unfair competition
6 and practices.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 3 of the act of July 22, 1974 (P.L.589,
10 No.205), known as the Unfair Insurance Practices Act, is amended
11 by adding definitions to read:
12 Section 3. Definitions.--As used in this act:
1 "Abuse" has the meaning given in 23 Pa.C.S. § 6102(a)
2 (relating to definitions), notwithstanding the limited
3 applicability provision in 23 Pa.C.S. § 6102(a)(5).
4 * * *
5 "Family or household members" has the meaning given in 23
6 Pa.C.S. § 6102 (a) (relating to definitions).
7 * * *
8 "Victim" means an individual who is or has been subjected to
9 abuse.
10 Section 2. Section 5(a) of the act is amended by adding a
11 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) Taking any of the following actions because the insured
18 or applicant for an insurance policy or insurance contract is a
19 victim or because the insured or applicant for an insurance
20 policy or insurance contract seeks or has sought medical or
21 psychological treatment for abuse, protection from abuse or
22 shelter from abuse:
23 (i) Denying, refusing to issue, refusing to renew, refusing
24 to reissue or cancelling or terminating an insurance policy or
25 insurance contract or restricting coverage under an insurance
26 policy or insurance contract.
27 (ii) Adding a surcharge, applying a rating factor or using
28 any other underwriting standard or practice which adversely
29 takes into account a history or status of abuse.
30 (iii) Excluding or limiting benefits or coverage under an
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1 insurance policy or insurance contract for losses incurred.
2 * * *
3 Section 3. This act shall take effect immediately.
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