PROTECTED CLASSES. An insurance company cannot discriminate against you by refusing to insure you; limiting the amount, extent or kind of coverage available to you; charging you a different rate for the same coverage; or refusing to renew your policy:
- because of race, color, religion or national origin; or
- unless justified by actual or anticipated loss experience, because of age, gender, marital status, geographic location or disability or partial disability.
UNDERWRITING GUIDELINES. Underwriting guidelines may not be unfairly discriminatory and must be based on sound actuarial principles.
EQUAL TREATMENT. Unless based on sound actuarial principles, an insurance company may not treat you differently from other individuals of the same class and essentially the same hazard. If you sustain economic damages as a result of such unfair discrimination, you have the right to sue that insurance company in Travis County District Court.
If your suit prevails, you may recover economic damages, court costs and attorney and necessary expert witness fees. If the court finds the insurance company knowingly violated your rights, it may award up to an additional $25,000 per claimant.
You must bring the suit on or before the second anniversary of the date you were denied insurance or the unfair act occurred to the date you reasonably should have discovered the occurrence of the unfair act. If the court determines your suit was groundless and you brought the lawsuit in bad faith or brought it for the purposes of harassment, you will be required to pay the insurance company’s court costs and attorney fees.
I hope you find this information helpful. Have a wonderful day and be safe out there.