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.