Section 21.36.430. Insurance for domestic violence victims and providers of services to victims; records.

   (a) A person transacting insurance in this state may not (1) refuse to issue or renew insurance coverage; (2) limit the scope of insurance coverage; (3) cancel an existing policy of insurance; (4) deny a covered claim; or (5) increase the premium on an insurance policy if the refusal, cancellation, denial, or increase results only from the fact that the person was a victim of domestic violence or a provider of services to victims of domestic violence.
   (b) The provisions of (a) of this section may not prevent an insurer from underwriting or rating
        (1) for a medical condition, including a medical condition resulting from domestic violence, in the same manner as it would for a person who is not a victim of domestic violence; or
        (2) a person based on known frequency of losses in the same manner the insurer would for a person who is not a victim of domestic violence.
   (c) In this section, "domestic violence" means the occurrence of one or more of the following by a current or former family member, household member, intimate partner, or caretaker:
        (1) attempting to cause, causing, or threatening another person with physical harm, severe emotional distress, psychological trauma, rape, or sexual assault;
        (2) engaging in a course of conduct or repeatedly committing acts toward another person, including following the person without proper authority, under circumstances that place the person in reasonable fear of bodily injury or physical harm;
        (3) subjecting another person to false imprisonment; or
        (4) attempting to cause or causing damage to property so as to intimidate or attempt to control the behavior of another person.

Authorities

21.36.450;21.36.430

Notes

References

AS 21.36.450
AS 21.36.450 Definition of insurer for AS 21.36.430 - 21.36.440.

History

(Sec. 1 ch 39 SLA 1997; am Sec. 73, 74 ch 81 SLA 2001)