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The 192nd General Court of the Commonwealth of Massachusetts

Section 108J: Disability insurance policies; discrimination based upon lawful travel experiences or plans prohibited

Section 108J. (a) An insurer or producer authorized to issue policies against disability from injury or disease in the commonwealth shall not make a distinction or otherwise discriminate between persons, reject an applicant, cancel a policy, or demand or require a higher rate of premium for reasons based solely upon an applicant's or insured's past lawful travel experiences or future lawful travel plans.

(b) This section shall not prohibit an insurer from excluding or limiting coverage under a policy issued against disability from injury or disease, or refusing to offer the policy, based upon past lawful travel or future lawful travel plans, or from charging a different rate for that coverage, when that action is based upon sound actuarial principles or is related to actual or reasonably expected experience and is not based solely on the destination's inclusion on the United States Department of State Travel Warning List.

(c) A violation of this section shall constitute an unfair method of competition or unfair and deceptive act or practice pursuant to chapter 176D.