§ 26.1-30.1-01.1 — Unlawful grounds for declination

North Dakota § 26.1-30.1-01.1

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-30.1: Cancellation and Nonrenewal of Commercial Insurance

Text

The declination or termination of a commercial insurance policy subject to sections
26.1-30.1-01 through 26.1-30.1-08 by an insurer or insurance producer is prohibited if the
declination or termination is based solely upon any of the following reasons:
1. The race, religion, nationality, ethnic group, disability, age, sex, or marital status of the
applicant or named insured, except this subsection does not prohibit rating differentials
based upon age, sex, or marital status.
2. The lawful occupation or profession of the applicant or named insured, except that this
provision does not apply to an insurer or insurance producer that limits its market to
one lawful occupation or profession or to several related occupations or professions.
3. The age or location of the property of the applicant or named insured, unless the
decision is for a business purpose that is not a mere pretext for unfair discrimination.
4. The principal location of the insured motor vehicle, unless the decision is for a
business purpose which is not a mere pretext for unfair discrimination.
5. The fact that another insurer previously declined to insure the applicant or terminated
an existing policy in which the applicant was the named insured.
6. The fact that the applicant or named insured previously obtained insurance coverage
through a residual market insurance mechanism or an insurance company that insures
substandard risks.