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304.12-080 Unfair discrimination prohibited.
(1)
(2)
(3)
No insurer, other than a life insurer or health insurer, shall make or permit any
unfair discrimination in favor of particular persons, or between insureds or subjects
of insurance having substantially like insuring risk, and exposure factors, or expense
elements, in the terms or conditions of any insurance contract, or in the rate or
amount of premium charged therefor. This subsection shall not apply as to any
premium or premium rate in effect pursuant to Subtitle 13.
No insurer shall make or permit 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, except that in
determining the class, consideration may be given to the nature of the risk, plan of
insurance, the actual or expected expense of conducting the business or any other
relevant factor.
No insurer shall make or permit any unfair discrimination between individuals of
the same class involving essentially the same hazards in the amount of premium,
policy fees, or rates charged for any policy or contract of health insurance or in the
benefits payable thereunder, or in any of the terms or conditions of such contract, or
in any other manner whatsoever, except that in determining the class, consideration
may be given to the nature of the risk, plan of insurance, the actual or expected
expense of conducting the business or any other relevant factor.
Effective: June 18, 1970
History: Created 1970 Ky. Acts ch. 301, subtit. 12, sec. 8, effective June 18, 1970.
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