§ 26-23-108 — Restrictions on underwriting for homeowner policies

(a) No insurer shall cancel, refuse to renew or offer to
renew at a higher premium a homeowner's insurance policy based
in any manner upon the claims history of a named insured unless
the claims history excludes customer inquiries. Customer
inquiries are defined as telephone calls or other requests for
information made by the named insured or a person who would be a
named insured under the policy, that reference the terms,
conditions or coverage afforded under an insurance contract and
do not result in claims being filed or paid.
(b) Any insurer which violates the provisions of this
section shall be subject to the procedures and penalties
provided under this code. Following the procedures in this
code, the commissioner may order the reinstatement, with no
lapse in coverage, of any policy cancelled or nonrenewed in
violation of this section. If the commissioner finds a policy
was renewed at a higher premium in violation of this section he
may order the return of any unauthorized increase in premium
together with interest at a rate of ten percent (10%) per year.