THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DeLUCA, BARRAR, BELFANTI, BRENNAN, CALTAGIRONE, COHEN, CONKLIN, DALEY, DONATUCCI, EACHUS, FLECK, FRANKEL, GEORGE, GIBBONS, GOODMAN, GROVE, HARHAI, HARKINS, JOSEPHS, KIRKLAND, MANDERINO, MANN, McGEEHAN, MELIO, METCALFE, MUNDY, MURPHY, M. O'BRIEN, READSHAW, SIPTROTH, K. SMITH, SOLOBAY, VULAKOVICH, WALKO AND WHITE, FEBRUARY 19, 2009

REFERRED TO COMMITTEE ON INSURANCE, FEBRUARY 19, 2009  

AN ACT

Amending the act of July 22, 1974 (P.L.589, No.205), entitled

"An act relating to unfair insurance practices; prohibiting

unfair methods of competition and unfair or deceptive acts

and practices; and prescribing remedies and penalties,"

further providing for unfair methods of competition and

unfair or deceptive acts or practices.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5(a)(7) of the act of July 22, 1974 (P.L.

589, No.205), known as the Unfair Insurance Practices Act, is

amended to read:

Section 5.  Unfair Methods of Competition and Unfair or

Deceptive Acts or Practices Defined.--(a)  "Unfair methods of

competition" and "unfair or deceptive acts or practices" in the

business of insurance means:

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(7)  Unfairly discriminating by means of:

(i)  making or permitting any unfair discrimination between

individuals of the same class and equal expectation of life in

the rates charged for any contract of life insurance or of life

annuity or in the dividends or other benefits payable thereon,

or in any other of the terms and conditions of such contract; or

(ii)  making or permitting any unfair discrimination between

individuals of the same class and of essentially the same hazard

in the amount of premium, policy, fees or rates charged for any

policy or contract of insurance or in the benefits payable

thereunder, or in any of the terms or conditions of such

contract, or in any other manner whatever; or

(iii)  making or permitting any unfair discrimination between

individuals of the same class and essentially the same hazard

with regard to underwriting standards and practices or

eligibility requirements by reason of race, religion,

nationality or ethnic group, age, sex, family size, occupation,

level of education, place of residence or marital status. The

terms "underwriting standards and practices" or "eligibility

rules" do not include the promulgation of rates if made or

promulgated in accordance with the appropriate Rate Regulatory

Act of this Commonwealth and regulations promulgated by the

commissioner pursuant to such act.

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Section 2.  This act shall take effect in 60 days.