Insurance Discrimination Against
Victims of Abuse

Florida has adopted laws to protect victims of abuse from discrimination. Florida law (Section 626.9541) provides that it is illegal for insurers to use information that someone has sought, or should have sought, treatment, protection or shelter in the past for abuse, or that abuse might occur in the future as a result of an assault, battery or sexual assault by a family or household member. Insurers cannot:

• Base a decision to underwrite a policy;
• Refuse to issue, reissue or renew a policy;
• Refuse to pay a claim;
• Cancel or otherwise terminate a policy; or
• Increase rates

based on a person’s status as a victim, or potential victim, of abuse.

Abuse is broadly defined to mirror the definition of domestic violence in Section 741.28. These laws protect all Floridians from discriminatory actions by health, life, disability, property and casualty, or automobile insurers, as well as managed care providers.

Steps to Take!
If you are a victim of domestic violence or abuse and you are denied insurance, if your rates are raised, or if the insurer refuses to pay a claim, demand in writing that the insurer explain in writing why it took this action.

• Call the Florida Domestic Violence Hotline at 1-800-500-1119. You may also call your local certified domestic violence center and ask to speak with an advocate, or call the Battered Women’s Justice Project at 1-800-903-0111.
• Find out if information about your medical history is in the MIB, and request a report to see if it mentions abuse or any abuse-related matters. The report is free if you have a letter from an insurance company saying it used MIB information to make a decision about you. [Medical Information Bureau, 1-866-692-6901;
  P.O. Box 105, Essex Station, Boston, MA 02112; www.mib.com.
• File an appeal with the insurer, as described in your policy.
• Call the Consumer Helpline toll-free at 1-800-342-2762, or go to the Department’s Web site at www.myfloridacfo.com.