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May an insurer discriminate on the basis of sexual orientation where bona fide statistical differences in risk or exposure have been substantiated?

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May an insurer discriminate on the basis of sexual orientation where bona fide statistical differences in risk or exposure have been substantiated?

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No. Although state law allows insurers to use actuarial distinctions in coverage on the basis of sex, marital status, or handicap, no such exception exists for sexual orientation. No discrimination on the basis of sexual orientation is permissible.

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