Or. Admin. R. 836-081-0030

Current through Register Vol. 63, No. 4, April 1, 2024

Section 836-081-0030 - Unfair Discrimination Acts or Practices

(1) The following acts and practices constitute unfair discrimination between individuals of the same class when an insurer engages in one or more of them solely because of blindness or partial blindness of an individual:

(a) Refusing to insure, or refusing to continue to insure, the individual; or

(b) Limiting the amount, extent or kind of coverage available to the individual or

(c) Charging the individual a different rate for the same coverage.

(2) For purposes of section (1) of this rule:

(a) With respect to all other conditions, including the underlying cause of the blindness or partial blindness, persons who are blind or partially blind shall be subject to the same standards of sound actuarial principles or actual or reasonably anticipated experience as are sighted persons.

(b) Refusal to insure includes denial by an insurer of disability insurance coverage on the grounds that the policy defines "disability" as being presumed in the event that the insured loses eyesight.

(c) An insurer may exclude from coverage disabilities consisting solely of blindness or partial blindness when such condition existed at the time the policy was issued.

Or. Admin. R. 836-081-0030

IC 1-1985, f. & ef. 2-1-85; ID 19-2006, f. & cert. ef. 9-26-06

Stat. Auth.: ORS 731

Stats. Implemented: ORS 746.015(2)