Fla. Admin. Code Ann. R. 69O-125.001 - Unfair Discrimination Because of Sex or Marital Status

(1) No insurer nor person authorized to engage in the business of insurance in the State of Florida shall refuse to issue any policy, contract or certificate of insurance of annuity contract or shall cancel or decline to renew any policy, contract or certificate of insurance or annuity contract solely because of the sex or marital status of the applicant, insured, policyholder, certificate holder or annuitant; nor shall said insurer or person engaged in the business of insurance in this state provide in such policy, contract or certificate of insurance or annuity contract for the payment of dividends or other benefits of whatever nature or kind, nor provide therein contractual terms or conditions, which based solely upon the sex or marital status of the applicant, insured, policyholder, certificate holder or annuitant, except to the extent the amount of benefits, term, conditions, or type of coverage vary as a result of the application of rate differentials permitted under the Florida Insurance Code. However, nothing in this rule shall prohibit an insurer from taking marital status into account for the purpose of defining persons eligible for dependents' benefits.

(2) This rule does not apply to or affect the right of fraternal benefit societies to determine eligibility requirements for membership. If a fraternal benefit society does, however, admit members of both sexes, this rule is applicable to the insurance benefits available to members thereof.

(3) Specific examples of practices prohibited by this rule include but are not limited to the following:

(a) Denying coverage to females gainfully employed at home, employed part-time or employed by relatives when coverage is offered to males similarly employed.

(b) Denying policy riders to females when the riders are available to males.

(c) Denying maternity benefits to insureds or prospective insureds purchasing an individual contract when comparable family coverage contracts offer maternity benefits.

(d) Denying under group contracts, dependent coverage to husbands of female employees, when dependent coverage is available to wives of male employees.

(e) Denying disability income contracts to employed women when coverage is offered to men similarly employed.

(f) Treating complications of pregnancy differently from any other illness or sickness under the contract.

(g) Restricting, reducing, modifying, or excluding benefits relating to coverage involving the genital organs of only one sex.

(h) Offering lower maximum monthly benefits to women than to men who are in the same classification under a disability income contract.

(i) Offering more restrictive benefit periods and more restrictive definitions of disability to women than to men in the same classifications under a disability income contract.

(j) Establishing different conditions by sex under which the policyholder may exercise benefit options contained in the contract.

(k) Limiting the amount of coverage an insured or prospective insured may purchase based upon the marital status unless such limitation is for the purpose of defining persons eligible for dependents' benefits.

(4) This rule shall be adopted on being filed with the Department of State and shall become effective on January 1, 1978.

Notes

Fla. Admin. Code Ann. R. 69O-125.001

Rulemaking Authority 626.9611, 624.308(1) FS. Law Implemented 624.307(1), 626.9541(1)(g), 627.062(1), 627.0651(2), (6), (7), (8), (10), (11), 627.782(4), 632.635 FS.

New 1-1-78, Formerly 4-43.01, 4-43.001, 4-125.001.

New 1-1-78, Formerly 4-43.01, 4-43.001, 4-125.001.