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Florida law protects victims of abuse
from discrimination. Section 626.9541 of the Florida
Statutes 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, and
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
Medical Information Bureau (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, (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 Department of Financial Services Consumer Helpline
toll-free at 1-800-342-2762, or go to the Department's Web
site at www.myfloridacfo.com.
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