Section 375.1312

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 375

Effective - 28 Aug 2013   

  375.1312.  Domestic violence, status as a victim not to be used by insurer — definitions — penalty — innocent coinsured, benefits paid, when. — 1.  As used in this section, the following terms mean:

  (1)  "Domestic violence" and "family" or "household member", as such terms are defined in section 455.010;

  (2)  "Innocent coinsured", an insured who did not cooperate in or contribute to the creation of a property loss and the loss arose out of a pattern of domestic violence;

  (3)  "Sole", a single act or a pattern of domestic violence which may include multiple acts.

  2.  No insurer shall do any of the following on the sole basis of the status of an insured or prospective insured as a victim of domestic violence:

  (1)  Deny, cancel or refuse to issue or renew an insurance policy;

  (2)  Require a greater premium, deductible or any other payment;

  (3)  Exclude or limit coverage for losses or deny a claim;

  (4)  Designate domestic violence as a preexisting condition for which coverage will be denied or reduced;

  (5)  Terminate group coverage solely because of claims relating to the fact that any individual in the group is or has been a victim of domestic violence; or

  (6)  Fix any lower rate or discriminate in the fees or commissions of an agent for writing or renewing a policy insuring an individual solely because an individual is or has been a victim of domestic violence.

  3.  The fact that an insured or prospective insured has been a victim of domestic violence shall not be considered a permitted underwriting or rating criterion.

  4.  Nothing in this section shall prohibit an insurer from taking an action described in subsection 2 of this section if the action is otherwise permissible by law and is taken in the same manner and to the same extent with respect to all insureds and prospective insureds without regard to whether the insured or prospective insured is a victim of domestic violence.

  5.  If an innocent coinsured files a police report and completes a sworn affidavit for the insurer that indicates both the cause of the loss and a pledge to cooperate in any criminal prosecution of the person committing the act causing the loss, then no insurer shall deny payment to an innocent coinsured on a property loss claim due to any policy provision that excludes coverage for intentional acts.  Payment to the innocent coinsured may be limited to such innocent coinsured's ownership interest in the property as reduced by any payment to a mortgagor or other secured interest; however, insurers shall not be required to make any subsequent payment to any other insured for the part of any loss for which the innocent coinsured has received payment.  An insurer making payment to an insured shall have all rights of subrogation to recover against the perpetrator of the loss.

  6.  A violation of this section shall be subject to the provisions of sections 375.930 to 375.948, relating to unfair trade practices.

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(L. 1998 H.B. 1918 § 375.996 merged with S.B. 722 § 3, A.L. 2000 H.B. 1677, et al., A.L. 2013 H.B. 215)