PRINTER'S NO. 4187
No. 2772 Session of 2004
INTRODUCED BY MAITLAND, BROWNE, DeWEESE, GEIST, GEORGE,
GINGRICH, GOOD, HARPER, HERSHEY, HORSEY, JAMES, REICHLEY,
SAYLOR, E. Z. TAYLOR, THOMAS, TIGUE, WASHINGTON AND WEBER,
JUNE 28, 2004
REFERRED TO COMMITTEE ON INSURANCE, JUNE 28, 2004
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 of discrimination.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 5(a)(7) of the act of July 22, 1974
9 (P.L.589, No.205), known as the Unfair Insurance Practices Act,
10 is amended 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 * * *
16 (7) Unfairly discriminating by means of:
17 (i) making or permitting any unfair discrimination between
18 individuals of the same class and equal expectation of life in
1 the rates charged for any contract of life insurance or of life
2 annuity or in the dividends or other benefits payable thereon,
3 or in any other of the terms and conditions of such contract;
4 [or]
5 (ii) making or permitting any unfair discrimination between
6 individuals of the same class and of essentially the same hazard
7 in the amount of premium, policy, fees or rates charged for any
8 policy or contract of insurance or in the benefits payable
9 thereunder, or in any of the terms or conditions of such
10 contract, or in any other manner whatever; [or]
11 (iii) making or permitting any unfair discrimination between
12 individuals of the same class and essentially the same hazard
13 with regard to underwriting standards and practices or
14 eligibility requirements by reason of race, religion,
15 nationality or ethnic group, age, sex, family size, occupation,
16 place of residence or marital status. The terms "underwriting
17 standards and practices" or "eligibility rules" do not include
18 the promulgation of rates if made or promulgated in accordance
19 with the appropriate Rate Regulatory Act of this Commonwealth
20 and regulations promulgated by the commissioner pursuant to such
21 act[.]; or
22 (iv) in cases of a policy of insurance covering an owner-
23 occupied residential property which is used as a family day care
24 home, making or permitting an unfair discrimination by refusing
25 to issue a policy covering such property because the property is
26 used as a family day care home, or because of the number of
27 permitted children receiving care within the home. For purposes
28 of this paragraph, the term "family day care home" shall mean
29 any owner-occupied residential property registered with the
30 Department of Public Welfare under section 1703 of the act of
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1 June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code,
2 at which child day care is provided at any one time to four
3 through six children who are not relatives of the caregiver.
4 * * *
5 Section 2. This act shall take effect immediately.
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