1Amending the act of May 17, 1921 (P.L.682, No.284), entitled "An
2act relating to insurance; amending, revising, and
3consolidating the law providing for the incorporation of
4insurance companies, and the regulation, supervision, and
5protection of home and foreign insurance companies, Lloyds
6associations, reciprocal and inter-insurance exchanges, and
7fire insurance rating bureaus, and the regulation and
8supervision of insurance carried by such companies,
9associations, and exchanges, including insurance carried by
10the State Workmen's Insurance Fund; providing penalties; and
11repealing existing laws," in automobile insurance, further
12providing for discrimination.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1. Section 2003(a) of the act of May 17, 1921
16(P.L.682, No.284), known as The Insurance Company Law of 1921,
17added June 17, 1998 (P.L.464, No.68), is amended to read:

18Section 2003. Discrimination Prohibited.--(a) An insurer
19may not cancel or refuse to write or renew a policy of
20automobile insurance for any of the following reasons:

21(1) Age.

22(2) Residence or operation of a motor vehicle in a specific

1geographic area.

2(3) Race.

3(4) Color.

4(5) Creed.

5(6) National origin.

6(7) Ancestry.

7(8) Marital status.

8(9) Sex.

9(10) Lawful occupation, including military service.

10(11) The refusal of another insurer to write a policy or the
11cancellation or refusal to renew an existing policy by another

13(12) Illness or permanent or temporary disability where the
14insured can medically document that such illness or disability
15will not impair his ability to operate a motor vehicle. Failure
16to provide such documentation shall be proper reason for the
17insurer to amend the policy of the named insured to exclude such
18disabled insured from coverage under the policy while operating
19a motor vehicle after the effective date of such policy
20amendment but shall not be proper reason to cancel or refuse to
21write or renew the policy. Nothing in this provision shall be
22construed to effect such excluded individual's eligibility for
23coverage under the named insured's policy for any injury
24sustained while not operating a motor vehicle. Illness or
25permanent or temporary disability on the part of any insured
26shall not be proper reason for cancelling the policy of the
27named insured.

28(13) Any accident which occurred under the following

30(i) automobile lawfully parked (if the parked vehicle rolls

1from the parked position, then any such accident is charged to
2the person who parked the automobile);

3(ii) the applicant, owner or other resident operator is
4reimbursed by or on behalf of a person who is responsible for
5the accident or has judgment against such person;

6(iii) automobile is struck in the rear by another vehicle
7and the applicant or other resident operator has not been
8convicted of a moving traffic violation in connection with this

10(iv) operator of the other automobile involved in the
11accident was convicted of a moving traffic violation and the
12applicant or resident operator was not convicted of a moving
13traffic violation in connection with the accident;

14(v) automobile operated by the applicant or any resident
15operator is struck by a "hit-and-run" vehicle if the accident is
16reported to the proper authority within twenty-four (24) hours
17by the applicant or resident operator;

18(vi) accident involving damage by contact with animals or

20(vii) accident involving physical damage limited to and
21caused by flying gravel, missiles or falling objects;

22(viii) accident occurring when using automobile in response
23to any emergency if the operator of the automobile at the time
24of the accident was a paid or volunteer member of any police or
25fire department, first aid squad or any law enforcement agency.
26This exception does not include an accident occurring after the
27automobile ceases to be used in response to such emergency; [or]

28(ix) accidents which occurred more than thirty-six (36)
29months prior to the later of the inception of the insurance
30policy or the upcoming anniversary date of the policy; or

1(x) automobile being operated by a paid or volunteer 
2firefighter or by emergency medical service personnel.

3(14) Any claim under the comprehensive portion of the policy
4unless such loss was intentionally caused by the insured.

5* * *

6Section 2. This act shall take effect in 60 days.