Section 379.122

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 379

Effective - 28 Aug 2021, 2 histories   

  379.122.  Refusal to issue policy based on the lack of prior motor vehicle coverage prohibited, when — military member protections, notification required. — 1.  No insurer shall refuse to write a policy for an applicant or base an adverse underwriting decision, including but not limited to charging an increased premium, solely on the fact that the applicant has never purchased such a policy of motor vehicle insurance where the lack of motor vehicle insurance coverage is due to the applicant serving in the armed services and the applicant has not operated a motor vehicle in violation of any financial responsibility or compulsory insurance requirement within the past twelve months.

  2.  No insurer shall refuse to write a policy for an applicant or base an adverse underwriting decision, including but not limited to charging an increased premium, solely on the fact that the applicant has not owned or been covered by such a policy of motor vehicle insurance during any specified period immediately preceding the date of application where the lack of motor vehicle insurance coverage is due to the applicant serving in the armed services and the applicant has not operated a motor vehicle in violation of any financial responsibility or compulsory insurance requirement within the past twelve months.  Nothing in this subsection shall prohibit an insurer from giving a discount for such an applicant that has been covered by a policy of insurance during such a specified period.

  3.  Nothing in this section shall prohibit an insurer from basing an adverse underwriting decision on an applicant's previous driving record where such record indicates that the applicant is a substandard risk.

  4.  In order to establish compliance with this section, an insurer may require any applicant claiming to meet the criteria of subsection 1 or 2 of this section to provide proof of eligibility in a manner as the insurer may prescribe.

  5.  The adjutant general shall ensure that members of the state military forces, as defined in section 40.005, receive notice of the protections provided under this section at such time as information regarding the Servicemembers Civil Relief Act, 50 U.S.C. 3901, et seq., is provided, or at such other times as the adjutant general deems appropriate.  The notice shall specifically state that insurers are prohibited under this section from refusing to issue a policy of motor vehicle insurance, or from charging higher premiums, based solely on a lack of prior coverage where the lack of prior coverage was due to military service.  The secretaries of the branches of the United States Armed Forces are hereby encouraged to likewise notify servicemembers under their jurisdictions of the protections provided under this section.

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(L. 2001 S.B. 151, A.L. 2021 S.B. 120)

Transferred 2004; formerly 379.126