(1) No insurer other than a life insurer or disability insurer shall establish or permit any difference to be established on behalf of specific persons, and in prejudice of others, or between the insured or subjects of insurance having substantially similar insuring, risk and exposure factors, or expense elements, in the terms or conditions of insurance contracts, or in the rates or premiums charged therefor.
(2) No insurer shall make or permit any unfair discrimination between individuals of the same class and equal expectation of life in the rates charged for any contract of life insurance or of life annuity or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of such contract, except that in determining the class, consideration may be given to the nature of the risk, plan of insurance, the actual or expected expense of conducting the business or any other relevant factor.
(3) No insurer shall make or permit any unfair discrimination between individuals of the same class involving essentially the same hazards, in the amount of premium, policy fees, or rates charged for any policy or contract of disability insurance or in the benefits payable thereunder, or in any of the terms or conditions of such contract, or in any other manner whatsoever, except that in determining the class, consideration may be given to the nature of the risk, plan of insurance, the actual or expected expense of conducting the business or any other relevant factor.
(4) No insurer shall cancel an insurance coverage if it were otherwise cancelable or shall refuse to grant or renew an insurance policy using as only basis the credit history of said applicant or insured, unless the insurer has creditable substantial documentation that the credit history is significantly related to the risk insured or to be insured or that the credit history of the applicant or insured significantly increases the risk insured by the policy.
History —Ins. Code § 27.080; June 4, 1983, No. 89, p. 211, § 7; Aug. 25, 2000, No. 196, § 1, renumbered as § 27.130 on Aug. 9, 2008, No. 230, § 2, eff. 90 days after Aug. 9, 2008.