Section 500.3406j - Insured or applicant for expense-incurred hospital, medical, or surgical policy or certificate as victim of domestic abuse; refusal to provide coverage prohibited; exception; liabi

THE INSURANCE CODE OF 1956 (EXCERPT)
Act 218 of 1956

500.3406j Insured or applicant for expense-incurred hospital, medical, or surgical policy or certificate as victim of domestic abuse; refusal to provide coverage prohibited; exception; liability; applicability to policies or certificates on or after June 1, 1998; “domestic violence” defined.

Sec. 3406j.

(1) An insurer that delivers, issues for delivery, or renews in this state an expense-incurred hospital, medical, or surgical policy or certificate shall not rate, cancel coverage on, refuse to provide coverage for, or refuse to issue or renew a policy or certificate solely because an insured or applicant for insurance is or has been a victim of domestic violence.

(2) This section does not prohibit an insurer from inquiring about, underwriting, or charging a different premium on the basis of the individual's physical or mental condition, regardless of the cause of the condition.

(3) An insurer shall not be held civilly liable for any cause of action that may result from compliance with this section.

(4) This section applies to policies and certificates issued or renewed on or after June 1, 1998.

(5) As used in this section, “domestic violence” means inflicting bodily injury, causing serious emotional injury or psychological trauma, or placing in fear of imminent physical harm by threat or force a person who is a spouse or former spouse of, has or has had a dating relationship with, resides or has resided with, or has a child in common with the person committing the violence.


History: Add. 1998, Act 136, Imd. Eff. June 24, 1998
Popular Name: Act 218