South Carolina Code of Regulations
Chapter 69 - DEPARTMENT OF INSURANCE
69-32 - Unfair Discrimination on the Basis of Blindness or Partial Blindness.
69-32. Unfair Discrimination on the Basis of Blindness or Partial Blindness.
This regulation prohibits unfair discrimination against the blind or partially blind in regard to rates or coverage by insurers.
A. The following are hereby identified as acts or practices which constitute unfair discrimination between individuals of the same class:
(1) Refusing to insure,
(2) or refusing to continue to insure,
(3) or limiting the amount, extent or kind of coverage available to an individual.
(4) or charging an individual a different rate from the same coverage solely because of blindness or partial blindness.
HISTORY: Amended by State Register Volume 10, Issue No. 3, eff March 28, 1986.
This regulation was adopted June 22, 1979.
State Register Volume 10, Issue 3, effective March 28, 1986, on pages 193 and 1984, provide as follows: "In connection with its amendment to the model regulation, the NAIC prepared certain drafting notes to clarify the intent of the amendments. Such drafting notes read as follows: " 'Drafting Notes:
"With respect to all other conditions, including the underlying cause of the blindness or partial blindness, persons who are blind or partially blind shall be subject to the same standards of sound actuarial principles or actual or reasonably anticipated experience as are sighted persons.
"Refusal to insure includes denial by an insurer of disability insurance coverage on the grounds that the policy defines "disability" as being presumed in the event that the insured loses his/her eyesight.
"However, an insurer may exclude from coverage disabilities, consisting solely of blindness or partial blindness when such condition existed at the time the policy was issued.'
"Several of the commentators recommended that these drafting notes be incorporated into any final regulation adopted.
"In proposing to amend Regulation 69-32, it was the intent of the Department to promulgate the amendments developed by the NAIC with all meanings attached thereto. As the drafting notes were an integral part of the NAIC's work product, the Commissioner believes that appropriate recognition should be given to those drafting notes. Consequently, while the drafting notes will not be incorporated into the main text of the regulation, the Commissioner believes that the Code Commissioner should order the drafting notes printed in the Code of State Regulations as an editor's note or reproduced in some other suitable way."