(3) PROHIBITED PRACTICES.
(a) No insurance company shall refuse, cancel
or deny insurance coverage to a class of risks solely on the basis of any of
the following factors (taken individually or in combination), nor shall it
place a risk in a rating classification on the basis of any of the following
factors without credible information supporting such a classification and
demonstrating that it equitably reflects differences in past or expected losses
and expenses and unless such information is filed in accordance with ss.
625.12,
625.13 and
625.21(2),
Stats.:
1. The applicant's or insured's past
criminal record;
2. The applicant's
or insured's physical condition or developmental disability as defined in s.
51.01(5) (a), Stats.;
3. The applicant's or insured's past mental
disability;
4. The applicant's or
insured's age;
5. The applicant's
or insured's marital status;
6. The
applicant's or insured's sexual preference;
7. The applicant's or insured's "moral"
character.
(b) Nothing
in par. (a) shall be construed as including within the definition of prohibited
practices any of the following:
1. Denying,
cancelling or non-renewing the automobile or property insurance of a person
convicted of an offense if the offense which resulted in the conviction is
directly related to the risk to be insured;
2. Establishing a classification system
merely for the purpose of developing statistical data;
3. Underwriting only the class of risks which
are specified in the insurer's articles of incorporation;
4. Establishing a rate based on the record of
all drivers of an insured automobile;
5. Establishing a rate based on the number of
people residing in a household.
(c) Nothing in par. (a) or (b) shall be
interpreted in any way as limiting the prohibitions contained in ss.
106.52(3) (a) 4 and
632.35,
Stats.
(d) No insurer shall require
an applicant or insured to undergo a physical examination to obtain or continue
coverage unless the cost of such physical examination is borne by the
insurer.
