Section R20-6-211. Discrimination on the Basis of Blindness or Par- tial Blindness

A.      Definitions. The following definitions apply in this Section:

1.        “Policy” means a contract or agreement for or effecting insurance, or a certificate of insurance, regardless of the name used, and includes all clauses, riders, endorsements, and attached papers.

2.        “Person” has the same meaning prescribed in A.R.S. § 20-105.

B.       Scope. This Section applies to all policies delivered or issued for delivery in this state.

C.      Prohibition. An insurer shall not engage in the following pro- hibited acts or practices that constitute unfair discrimination between individuals of the same class:

1.        Refusal to insure or refusal to continue to insure, or limit- ing the amount, extent, or kind of coverage available to an individual solely because of blindness or partial blind- ness; or

2.        Charging an individual a different rate for the same cov- erage solely because of blindness or partial blindness.

D.      In this subsection, “refusal to insure” includes denial by an insurer of disability insurance coverage on the grounds that the policy defines “disability” as being presumed if the insured loses eyesight. An insurer may exclude from coverage disabil- ities consisting solely of blindness or partial blindness if the insured was blind or partially blind when the policy was issued.

E.       For all other conditions, including the underlying cause of the blindness or partial blindness, a person who is blind or par- tially blind is subject to the same standards of sound actuarial principles or actual or reasonably anticipated experience as a sighted person.

Historical Note

Adopted effective August 1, 1977 (Supp. 77-4).

Amended effective March 27, 1976 (Supp. 78-2). Correc- tion, Historical Note for Supp. 77-4 should read adopted effective January 1, 1979 filed August 1, 1977. Historical Note for Supp. 78-2 should read Appendix amended effective January 1, 1979 filed March 27, 1978 (Supp. 79- 5). Editorial correction, (D)(7)(a), title now shown in ital- ics (Supp. 81-1). R20-6-211 recodified from R4-14-211 (Supp. 95-1). Former R20-6-211 renumbered to R20-6- 209; new R20-6-211 renumbered from R20-6-213 and amended by final rulemaking at 13 A.A.R. 2061, effec- tive August 4, 2007 (Supp. 07-2).