Driver Fairness Bill Passes Delaware General Assembly

June 29, 2017

The Delaware State Senate has voted nearly unanimously (24-1) to pass House Substitute 1 for House Bill 80 (HS 1 for HB 80).

This measure, a substitute to the Department of Insurance’s original HB 80, targets unfair discriminatory practices used by automobile insurance companies to determine premium costs.

“For too long, automobile insurance companies have been using unfair practices to increase premiums,” said Delaware Insurance Commissioner Trinidad Navarro in a press release issued by the Delaware Department of Insurance. “As a candidate, I pledged to address this issue. While HS 1 for HB 80 was not all that the Department of Insurance was advocating for, it is a major step toward insurance premium fairness.”

The following major changes will be imposed under this law:

  • Insurance companies may not use an insurance credit score that uses income, gender, sexual orientation, gender identity, education, address, zip code, race, ethnic group, religion, marital status or nationality of the consumer as a factor.
  • The company may not cancel or non-renew a policy based on credit information alone.
  • The company may not take action against a consumer because that person lacks a credit card or lacks credit information.
  • The company cannot utilize collection information using medical codes.
  • The company cannot utilize extraordinary life circumstances such as serious illness or injury, death of a spouse or loved one, divorce, and involuntary loss of employment for 3 months or more.
  • HS 1 for HB 80 continues Delaware’s prohibition on using credit in policy renewals unless a review request results in lower premiums.
  • An insurer cannot increase a renewal rate for a personal automobile policy based solely on an insured attaining the age of 75 or older.
  • An insurer cannot increase rates based upon a change of marital status due to the death of a spouse.

The bill’s prime sponsor was Representative Trey Paradee, while Senators Margaret Rose Henry and Brian Pettyjohn served as the bill’s co-prime sponsors in the Senate. Senator Brian Bushweller managed the bill on the floor, Navarro added.

HS 1 for HB 80 has not yet been signed by Delaware Governor John Carney. It will go into effect in January 2018.

Source: The Delaware Department of Insurance

Was this article valuable?

Here are more articles you may enjoy.