R590. Insurance, Administration.R590-129. Unfair Discrimination Based Solely Upon Blindness or Physical or Mental Impairment.
R590-129-1. Authority.
This rule is promulgated by the commissioner pursuant to Subsections 31A-2-201(3) and 31A-23a-402(8).
R590-129-2. Purpose and Scope.
(1) The purpose of this rule is to identify and define certain practices that the commissioner finds are unfair and discriminatory.
(2) This rule applies to an insurance policy offered for sale in Utah.
R590-129-3. Definitions.
Terms used in this rule are defined in Section 31A-1-301.
R590-129-4. Prohibited Acts and Practices.
(1) The following acts and practices are prohibited because of blindness, partial blindness, or physical or mental impairment:
(a) refusing to insure;
(b) refusing to continue to insure;
(c) limiting the amount, extent, or kind of coverage available to an individual; or
(d) charging a higher rate for the same coverage except where the refusal, limitation, or rate differential is based upon sound actuarial principles or reasonably anticipated loss experience.
(2) Refusing to insure includes an insurer denying coverage when the policy defines "disability" as being presumed if the insured suffers the loss of sight.
(3) Unless otherwise provided by law, it is not a violation of this rule to exclude from coverage any disability consisting of blindness, partial blindness, or physical or mental impairment when the condition existed at the time the policy was issued.
R590-129-5. Severability.
If any provision of this rule, Rule R590-129, or its application to any person or situation is held invalid, such invalidity does not affect any other provision or application of this rule that can be given effect without the invalid provision or application. The remainder of this rule shall be given effect without the invalid provision or application.
KEY: insurance companies
Date of Last Change: October 25, 2021
Notice of Continuation: August 9, 2024
Authorizing, and Implemented or Interpreted Law: 31A-2-201; 31A-23a-402
