California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 3 - Insurers › Article 15 - Discrimination on Account of Sex and/or Marital Status › Section 2560.3 - Prohibited Practices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No person or entity engaged in the business of insurance in
					 this State shall refuse to issue any contract of insurance or shall cancel or
					 decline to renew such contact because of the sex, marital status or sexual
					 orientation of the insured or prospective insured. The amount of benefits
					 payable, or any term, condition or type of coverage shall not be restricted,
					 modified, excluded or reduced on the basis of the sex, marital status or sexual
					 orientation of the insured or prospective insured. (However, marital status may
					 be considered for the purpose of determining eligibility for dependents' or
					 family coverage.) Examples of the practices prohibited by this section include,
					 but are not limited to:
(a) Denying,
				  cancelling or refusing to renew coverage, or providing coverage on different
				  terms, because the insured or prospective insured is residing with another
				  person or persons not related to him or her by blood or marriage;
(b) Offering coverage to males gainfully
				  employed at home, employed part-time or employed by relatives while denying or
				  offering reduced coverage to females similarly employed;
(c) Reducing disability benefits for females
				  who become disabled while not gainfully employed full-time outside the home
				  when a similar reduction is not applied to males;
(d) Denying females waiver of premium
				  provisions that are available to males or offering such provisions to females
				  only for contract limits that are lower than those available to
				  males;
(e) Refusing to offer
				  maternity benefits to insureds or prospective insureds purchasing individual
				  contracts when comparable family coverage contracts offer maternity
				  benefits;
(f) Denying, under group
				  contracts, dependent's coverage to husbands of female employees when
				  dependent's coverage is available to wives of male employees;
(g) Offering coverage to males in certain
				  occupations while denying coverage or offering more limited coverage to females
				  in the same occupational categories;
(h) Offering males higher benefit levels
				  and/or longer benefit periods than are offered to females in the same
				  classifications;
(i) Offering
				  contracts containing different definitions of disability for females and males
				  in the same classifications;
(j)
				  Offering contracts containing different waiting and elimination periods for
				  females and males;
(k) Requiring
				  female applicants to submit to medical examinations while not requiring males
				  to submit to such examinations for the same coverage;
(l) Establishing different benefit options
				  for females and males;
(m) Denying
				  to divorced or single persons coverage available to married persons;
(n) Limiting the amount of coverage available
				  to an insured or prospective insured based upon his or her marital
				  status;
(o) Denying employees of
				  one sex insurance benefits that are offered to dependents who are of the same
				  sex as the employees;
(p) Denying a
				  married or separated female the right to obtain coverage in her own
				  name;
(q) Establishing different
				  issue age requirements for females and males;
(r) Establishing different occupational
				  classifications for females and males;
(s) Denying coverage to unwed mothers and/or
				  their dependents;
(t) Refusing to
				  continue coverage on a spouse or ex-spouse while continuing coverage on the
				  other spouse or ex-spouse following separation or dissolution of a married
				  couple previously covered under a family or household contract.