Two insurance issues--gender discrimination and auto liability insurance enforcement

a report to the 49th Legislature
  • 42 Pages
  • 2.84 MB
  • English
Montana Legislative Council , Helena, Mont. (Rm. 138, State Capitol, Helena 59620)
Insurance law -- Montana, Sex discrimination in insurance -- Law and legislation -- Montana, Insurance, Automobile -- Law and legislation -- Mo



Other titles2 insurance issues--gender discrimination and auto liability insurance enforcement.
StatementJoint Interim Subcommittee no. 3.
LC ClassificationsKFM9185 .A25 1984
The Physical Object
Paginationiii, 42, [12] p. ;
ID Numbers
Open LibraryOL2666110M
LC Control Number85620691

Full text of "Two insurance issues--gender discrimination and auto liability insurance enforcement: a report to the 49th Legislature" See other formats PLEASrRETURN Two Insurance Issues: Gender Discrimination and Auto Liability Insurance Enforcement A Report to the 49th Legislature Joint Interim Subcommittee No.

3 December 1 ^'^^ '^^*'^^ ^'^ctkw MONTANA STATE LIBRARY He. cusses only personal lines of insurance (annuities and health, life, disability, auto, property, and liability insurance).

The "fair discrimination" doctrine has not been applied to com-mercial lines of insurance, because these lines rely on individual assessments of risk for Cited by: SACRAMENTO, Calif. — California Insurance Commissioner Dave Jones has issued new regulations that prohibit the use of gender in private passenger automobile insurance rating in California.

The Gender Non-Discrimination in Automobile Insurance Rating Regulation became effective on January 1, “My priority as Insurance Commissioner is to protect all California consumers, and these.

Insurance and discrimination. Insurance companies in the UK are private sector, profit orientated companies which operate in a competitive, global market. Insurance companies point out that premiums are set according to their own ‘claims experience’.

Put simply, their expected level of claims will.

Description Two insurance issues--gender discrimination and auto liability insurance enforcement PDF

The Numbers Behind the Rates. While gender-based car insurance may seem biased, the following statistics provided by the Insurance Institute for Highway Safety (IIHS) help explain why gender is a rating factor for car insurance.

71% of all car accident-related deaths in were males.; The number of drivers who died in a fatal car accident was 50% higher for men than women in Insurance company rates are in some ways always are discriminatory. For many scenarios, the reactionary affect of discrimination, may benefit as many people as it “hurts”.

If “boys” are charged more for auto insurance then by definition “girls” ar. Age discrimination can refer to a particular age, an age group or a range of ages (section 5). In the provision of services such as insurance, however, the ban on age discrimination will not apply to anyone under 18 (section 28).

Direct discrimination is defined as treating someone less favourably because of a protected characteristic. Commercial property insurance can be sold separately as an Individual Line policy (referred to as a monoline policy), or it can be sold as part of a Commercial Package Policy (CPP), which combines two or more commercial coverage parts such as commercial property, general liability, and commercial auto.

The insurance company accepts to provide you with car insurance but only if you pay a higher premium than they would charge other drivers.

The insurance company is allowed to do this under the Equality Act but only if they can show that there's a greater risk in insuring you because of your disability. Hunter says this technique is auto insurance discrimination and should be illegal because it is basing auto premiums on factors outside of the driver’s risk.

“If you have two people with identical risk, and one shops and they get different rates, then that is illegal,” Hunter said. If it's higher than that, the auto insurance will be considered unaffordable. So, if you live in a ZIP code that's identified as being "majority-minority" or "majority low- and moderate-income" and are paying more than 2% of the median income there for auto insurance, report what you're paying to the FIO and the local newspaper.

Will General Liability Coverage Help with Discrimination Claims. Business insurance often includes a basic general liability policy. This policy is specific about what coverage it offers.

It usually covers incidents of property damage, bodily injury or personal and advertising injury. Discrimination tends to involve claims for economic loss. Also inresearchers at the University of South Carolina examined auto insurance rates in Missouri and did not find evidence of racial discrimination.

They used zip code level data, including. The Austin Court of Appeals, with its recent ruling in Cortez v.

Progressive County Mut. Ins. Co., No. CO (Tex. App.-Austin, Sept. 13, ), calls into question the scope of Articlean anti-discrimination statute, and potentially expands it significantly. The theory from the ECJ was that taking customers' gender into account contradicted laws on discrimination.

AA Insurance says an annual car insurance.

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Thus, the liability portion of an insurance policy covering the risks of a garage owner may provide coverage for discrimination claims based on disparate impact (as opposed to disparate treatment) and for actions alleging vicarious liability arising from the discriminatory acts of employees of the insured, provided such acts are not conducted intentionally by the employer.

Two state insurance departments have also prohibited insurance for disparate treatment discrimination. In the Matter of Liability Insurance Pro-posed to Cover Liability for Acts of Discrimination Because of Race, Creed, Color or National Origin, Opinion of the New York Superintendent of Insur.

Reasons for Liability Insurance Claim Denials. Liability insurance claims may be denied for any number of reasons, but three very particular issues may come into play with a discrimination case: The lack of coverage for economic issues, requirements associated with mental health claims, and the purposeful nature of discriminatory acts.

Insurance-based discrimination is the prejudicial treatment of a patient based on his/her insurance status. This type of discrimination mostly affects the million Americans who have no health insurance coverage, although there is evidence of discrimination against people with public insurance.

Employment Practices Liability Insurance Employment Practices Liability provides Legal Liability protection for an employer against claims made by employees, former employees, or potential employees. It covers discrimination (age, sex, race, disability, etc.), wrongful termination of employment, sexual harassment, and other employment-related.

Z oe Williams is wrong to suggest differences in the pricing of motor insurance between men and women, which the European court of justice has ruled must cease from 21 Decemberis.

A commercial umbrella liability insurance policy may provide coverage for discrimination claims based on disparate impact (as opposed to disparate treatment) and for actions alleging vicarious liability arising from the discriminatory acts of employees of the insured, provided such acts are not conducted intentionally by the employer.

Be sure the policy covers not only physical injury but also libel, slander, discrimination, unlawful and retaliatory eviction, and invasion of privacy suffered by tenants and guests. Carry liability insurance on all vehicles used for business purposes, including the manager's car or truck if it's used on the job.

In a paper, “Understanding Insurance Anti-Discrimination Laws,” Schwarcz and his co-authors noted that state laws against insurance discrimination generally cover race, national origin, religion, sexual orientation and genetics. The laws generally do allow factoring in.

Most standard Employment Practices Liability Insurance (EPLI) policies generally offer a measure of protection against lawsuits brought on by employees alleging wrongful acts (sexual harassment or discrimination) or wrongful termination.

But EPLI generally does not cover you when a customer sues you for discrimination or sexual harassment. ] EMPLOYMENT PRACTICES LIABILITY the risk of discrimination and harassment penalties to insurance companies, who charge a premium to offset their liability.4 Previously, employers exclusively bore these damages payable to injured employees.5 Until.

California Is Investigating Racial Discrimination in Auto Insurance Premiums. two Illinois lawmakers have proposed barring car insurers there from using a driver's zip code to determine premiums.

the NFL can’t find a general-liability insurer to cover head injuries. Fraternities and police departments have faced similar problems. Insurance company practices based on racial discrimination have a long history in Detroit and other big cities.

Detroit residents pay twice as much for car insurance.

Details Two insurance issues--gender discrimination and auto liability insurance enforcement FB2

We support and embrace an inclusive environment that is free from discrimination in the workplace and in our businesses." "Auto insurance is one of the most competitive insurance markets in the. questionnaire sent to insurance companies and agents by the workgroup on marital status and sexual orientation discrimination.

33 c. responses by insurance companies to survey conducted by the workgroup on marital status and sexual orientation discrimination. 40 d. response by professional insurance agents. Discrimination Coverage Under Umbrella Policies. Some commercial umbrella policies afford coverage for certain types of discrimination under Personal and Advertising Injury Liability.

Coverage generally applies only to discrimination that is not related to employment. Note that some state laws prohibit insurance that covers discriminatory acts.As a result, a new form of commercial liability insurance emerged in the late s in answer to the rising costs associated with employment discrimination actions.

Under the Affordable Care Act, gender discrimination pricing in health insurance products is banned. Genworth managed to weasel out of inclusion in the ban with its long term care insurance product.