I.C · The Insurance Marketplace
Prohibited underwriting on homeowners and personal liability (§§679.70–679.74)
A homeowners application should ask about the house and the risk, not about who the applicant is. Sections 679.70 through 679.74 keep certain personal characteristics out of the underwriting decision.
Scope: these sections apply to admitted insurers on residential property and personal liability policies. They do not cover auto or workers' compensation insurance.
The rules: - An application may not carry any identification of a characteristic listed in Civil Code §51, which includes national origin. - That characteristic, of itself, cannot be treated as a condition or risk that justifies a higher rate. Filing the surcharge in the insurer's rate plan does not cure the violation, and neither does letting the applicant leave the question blank.
Remember
· §§679.70–679.74: admitted insurers, residential property and personal liability only.
· No Civil Code §51 characteristic (e.g., national origin) on the application or as a rating factor by itself.
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