Insurance Companies cannot discriminate against
victims of domestic abuse, regardless of sex. (Woods v Horton * Woods v Sherry pdf ) npr.org
(a) No disability insurer covering hospital, medical, or surgical expenses shall deny, refuse to insure, refuse to renew, cancel, restrict, or otherwise terminate, exclude, or limit coverage or charge a different rate for the same coverage, on the basis that the applicant or insured person is, has been, or may be a victim of domestic violence.
(b) Nothing in this section shall prevent a disability insurer covering hospital, medical, or surgical expenses from underwriting coverage on the basis of the medical condition of an individual so long as the consideration of the condition
(1) does not take into account whether such an individual’s medical condition was caused by an act of domestic violence,
(2) is the same with respect to an applicant or insured who is not the subject of domestic violence as with an applicant or insured who is the subject of domestic violence, and
(3) does not violate any other act, regulation, or rule of law. The fact that an individual is, has been, or may be the subject of domestic violence shall not be considered a medical condition.
See also Health & Safety Code 1374.75
CA Insurance Code 676.9.
(a) This section applies to policies covered by Sections 675 and 675.5.
(b) No insurer issuing policies subject to this section shall deny or refuse to accept an application, refuse to insure, refuse to renew, cancel, restrict, or otherwise terminate, or charge a different rate for the same coverage, on the basis that the applicant or insured person is, has been, or may be, a victim of domestic violence.
(c) Nothing in this section shall prevent an insurer subject tothis section from taking any of the actions set forth in subdivision(b) on the basis of criteria not otherwise made invalid by thissection or any other act, regulation, or rule of law. If discrimination by an insurer is not in violation of this section butis based on any other criteria that are allowable by law, the fact that the applicant or insured is, has been, or may be the subject ofdomestic violence shall be irrelevant.
(d) For purposes of this section, information that indicates thata person is, has been, or may be a victim of domestic violence ispersonal information within the meaning of …Section 791)
(e) No insurer that issues policies subject to this section, and no person employed by or under contract with an insurer that issues policies subject to this section, shall request any information the insurer or person knows or reasonably should know relates to acts of domestic violence or an applicant’s or insured’s status as a victim of domestic violence, or make use of this information however obtained, except for the limited purpose of complying with legal obligations, verifying a person’s claim to be a subject of domestic violence, or cooperating with a victim of domestic violence in seeking protection from domestic violence or facilitating the treatment of a domestic violence-related medical condition. This subdivision does not prohibit an insurer from asking an applicant or insured about a property and casualty claim, even if the claim is related to domestic violence, or from using information there by obtained in evaluating and carrying out its rights and duties under the policy, to the extent otherwise permitted by this section and other applicable law.
(f) As used in this section, “domestic violence” means domestic violence as defined in Section 6211 of the Family Code.
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