CHAPTER 27-60.1
Unfair Discrimination Against Subjects of Abuse in Property and Casualty Insurance

SECTION 27-60.1-4

§ 27-60.1-4. Definitions.

For the purposes of this chapter:

(1) "Abuse" means the occurrence of one or more of the following acts by a current or former family member, household member, intimate partner or caretaker:

(i) Attempting to cause or intentionally, knowingly or recklessly causing another person bodily injury, physical harm, severe emotional distress, psychological trauma, rape, sexual assault or involuntary sexual intercourse;

(ii) Knowingly engaging in a course of conduct or repeatedly committing acts toward another person including following the person without proper authority, under circumstances that place the person in reasonable fear of bodily injury or physical harm;

(iii) Subjecting another person to false imprisonment; or

(iv) Attempting to cause or intentionally, knowingly, or recklessly causing damage to property so as to intimidate or attempt to control the behavior of another person.

(2) "Abuse-related claim" means a claim under a property and casualty policy for a loss resulting from an act of abuse.

(3) "Abuse status" means the fact or perception that a natural person is, has been, or may be a subject of abuse, irrespective of whether the natural person has incurred abuse-related claims.

(4) "Commissioner" means the director of the department of business regulation or his or her designee.

(5) "Confidential abuse information" means information about acts of abuse or abuse status of a subject of abuse, the address and telephone number (home and work) of a subject of abuse or the status of an applicant or insured as a family member, employer or associate of, or a person in a relationship with, a subject of abuse.

(6) "Insurance professional" means a producer, broker, adjuster or third-party administrator as defined in the insurance laws of this state.

(7) "Insured" means the party named on a policy or certificate as the individual with legal rights to the benefits provided by such policy.

(8) "Insurer" means a person or other entity engaged in the business of property and casualty insurance in this state including all residual market mechanisms.

(9) "Policy" means a contract of insurance, including endorsements, riders or binders issued, proposed for issuance, or intended for issuance by an insurer or insurance professional.

(10) "Subject of abuse" means a natural person against whom an act of abuse has been directed; who has current or prior injuries, illnesses or disorders that resulted from abuse; or who seeks, may have sought or had reason to seek medical or psychological treatment for abuse; or protection, court-ordered protection or shelter from abuse.

History of Section.
(P.L. 2013, ch. 99, § 1; P.L. 2013, ch. 109, § 1.)