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Title 3 . Commerce, Community, and Economic Development
Chapter 26 . Miscellaneous
Section 410. Unfair discrimination; blindness or partial blindness

3 AAC 26.410. Unfair discrimination; blindness or partial blindness

(a) The following acts constitute unfair discrimination between individuals of the same class when based solely on blindness or partial blindness:

(1) refusing to insure;

(2) refusing to continue to insure;

(3) limiting the amount, extent, or kind of insurance coverage available; or

(4) charging an individual a different rate for the same coverage.

(b) With respect to all other conditions, including the underlying cause of the blindness or partial blindness, this section may not be interpreted to prohibit the refusal to insure, the limitation of insurance coverage, or a rate differential if that act is based on sound actuarial principles or is related to actual, demonstrated experience or to experience that can be reasonably anticipated.

(c) For the purpose of this section, the term "refusing to insure" includes declining to insure an individual who is blind or partially blind because the insurance policy for which application is made contains a provision that presumes either total, permanent, or partial disability in the event that an insured person becomes blind or partially blind and would result in a valid claim under the policy. However, an insurer may, by policy provision, written rider, or endorsement, exclude from coverage disabilities consisting solely of blindness or partial blindness if either condition is in existence at the time the policy is issued.

History: Eff. 3/29/90, Register 113

Authority: AS 21.06.090

AS 21.36.090

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Last modified 7/05/2006