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Minnesota Legislature

Office of the Revisor of Statutes

HF 53

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/08/2007

Current Version - as introduced

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A bill for an act
relating to insurance; prohibiting discrimination in auto insurance based
upon geographical area; amending Minnesota Statutes 2006, section 72A.20,
subdivision 23.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 72A.20, subdivision 23, is amended to
read:


Subd. 23.

Discrimination in automobile insurance policies.

(a) No insurer that
offers an automobile insurance policy in this state shall:

(1) use the employment status of the applicant as an underwriting standard or
guideline; or

(2) deny coverage to a policyholder for the same reason.

(b) No insurer that offers an automobile insurance policy in this state shall:

(1) use the applicant's status as a residential tenant, as the term is defined in section
504B.001, subdivision 12, as an underwriting standard or guideline; or

(2) deny coverage to a policyholder for the same reason; or

(3) make any discrimination in offering or establishing rates, premiums, dividends,
or benefits of any kind, or by way of rebate, for the same reason.

(c) No insurer that offers an automobile insurance policy in this state shall:

(1) use the failure of the applicant to have an automobile policy in force during any
period of time before the application is made as an underwriting standard or guideline; or

(2) deny coverage to a policyholder for the same reason.

Paragraph (c) does not apply if the applicant was required by law to maintain
automobile insurance coverage and failed to do so.

An insurer may require reasonable proof that the applicant did not fail to maintain
this coverage. The insurer is not required to accept the mere lack of a conviction or citation
for failure to maintain this coverage as proof of failure to maintain coverage. The insurer
must provide the applicant with information identifying the documentation that is required
to establish reasonable proof that the applicant did not fail to maintain the coverage.

(d) No insurer that offers an automobile insurance policy in this state shall use an
applicant's prior claims for benefits paid under section 65B.44 as an underwriting standard
or guideline if the applicant was 50 percent or less negligent in the accident or accidents
causing the claims.

(e) No insurer shall refuse to issue any standard or preferred policy of motor vehicle
insurance or make any discrimination in the acceptance of risks, in rates, premiums,
dividends, or benefits of any kind, or by way of rebate:

(1) between persons of the same class, or

(2) on account of race, or

(3) on account of physical disability if the disability is compensated for by special
training, equipment, prosthetic device, corrective lenses, or medication and if the
physically disabled person:

(i) is licensed by the Department of Public Safety to operate a motor vehicle in
this state, and

(ii) operates only vehicles that are equipped with auxiliary devices and equipment
necessary for safe and effective operation by the disabled person, or

(4) on account of marital dissolution.

new text begin (f) No insurer that offers an automobile insurance policy in this state shall:
new text end

new text begin (1) use the geographical area in which the applicant or policyholder resides as an
underwriting standard or guideline;
new text end

new text begin (2) deny coverage to the policyholder for the same reason; or
new text end

new text begin (3) make any discrimination in offering or establishing rates, premiums, dividends,
or benefits of any kind, or by way of rebate, for the same reason.
new text end