Delaware Senate Passes Legislation That Would Ban the Use of Gender in Auto Insurance Premiums

On April 5, 2022, the Delaware Senate narrowly passed Senate Bill 231 (the “Bill”), which would prohibit authorized insurers in Delaware from using gender, gender identity, or sex as a rating factor in personal automobile insurance policies.  The Bill would prohibit the use of such characteristics as either a stand-alone rating factor or in combination with any other rating factors, in any rates, rating schedules, or rating plans.

The Bill follows the release of the Gender Disparities in Auto Insurance Pricing Report issued by the Delaware Department of Insurance and the Consumer Federation of America, which shows that women generally pay higher premiums for automobile insurance than men, notwithstanding the fact that all other rating factors remain the same.

If codified, Delaware would join six other states, California, Hawaii, Massachusetts, Michigan, North Carolina, and Pennsylvania, with similar laws.

The full text of the Bill can be found here.