Unfairly Discriminatory Acts or Practices

(a) The following are hereby identified as acts or practices in life and health insurance which constitute unfair discrimination between individuals of the same class:

(1) refusing to insure, or refusing to continue to insure, or limiting the amount, extent, or kind of coverage available to an individual, or charging a different rate for the same coverage solely because of a physical or mental impairment, except where the refusal, limitation, or rate differential is based on sound actuarial principles, including actual or reasonably anticipated experience; or

(2) without exception, refusing to insure, or refusing to continue to insure, or limiting the amount, extent, or kind of coverage available to an individual, or charging an individual a different rate for the same coverage solely because of blindness or partial blindness.

(b) This section does not specify a complete list of acts or practices in life and health insurance which constitute unfair discrimination between individuals of the same class.

Source Note: The provisions of this §21.702 adopted to be effective June 17, 1983, 8 TexReg 1914; amended to be effective June 28, 1985, 10 TexReg 1978; amended to be effective October 23, 1992, 17 TexReg 7082.