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2017 Maryland Code
Insurance
Title 27 - Unfair Trade Practices and Other Prohibited Practices
Subtitle 5 - Discrimination
§ 27-504. Discrimination based on domestic violence
Universal Citation: MD Ins Code § 27-504 (2017)
- (a) Definitions. --
- (1) In this section the following words have the meanings indicated.
- (2) "Abuse" has the meaning stated in ยง 4-501 of the Family Law Article.
- (3) "Cohabitant" means an individual who has had a sexual relationship with another individual with whom the individual has resided for a period of at least 90 days.
- (4) "Victim of domestic violence" means an individual who:
- (i) has received deliberate, severe, and demonstrable physical injury from a current or former spouse or current or former cohabitant; or
- (ii) is in fear of imminent deliberate, severe, and demonstrable physical injury from a current or former spouse or current or former cohabitant.
- (b) Prohibited. -- Except as otherwise provided in this article, if an individual is a victim of domestic violence or subject to abuse, an insurer, nonprofit health service plan, or health maintenance organization may not use information about abuse or the individual's status as a victim of domestic violence to:
- (1) cancel, refuse to underwrite or renew, or refuse to issue a policy of life insurance or health insurance or a health benefits plan;
- (2) refuse to pay a claim, cancel, or otherwise terminate a policy of life insurance or health insurance or a health benefits plan;
- (3) increase rates for life insurance, health insurance, or a health benefits plan; or
- (4) for policies of life insurance or health benefits plans, add a surcharge, apply a rating factor, or use any other underwriting practice that adversely takes the information into account.
- (c) Liability of insurer. -- If an insurer acts in good faith, the insurer is not subject to tort liability for a cause of action arising from the insurer's lawful issuance of and lawful compliance with a policy of life insurance on an insured who subsequently suffers abuse or is a victim of domestic violence.
- (d) Effect of section. -- This section does not require an insurer:
- (1) to make a payment to an individual who willfully caused an injury that gave rise to a loss under a policy of life insurance; or
- (2) to issue, without the consent of the proposed insured, life insurance or disability income insurance to an applicant known to have abused the proposed insured.
- (e) Interpretation of section. -- This section may not be interpreted to preclude an insurer or a health maintenance organization from using mental or physical medical conditions, regardless of cause, in determining the eligibility, rate, or underwriting classification of the applicant, insured, member, or subscriber.
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