[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2851 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2851

To require each insurer that considers marital status in the rating or 
underwriting of an insurance policy to consider the proposed insured to 
be married if the proposed insured is legally married under the laws of 
                   any State, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 2015

Mr. Ellison (for himself and Mr. Pocan) introduced the following bill; 
       which was referred to the Committee on Financial Services

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                                 A BILL


 
To require each insurer that considers marital status in the rating or 
underwriting of an insurance policy to consider the proposed insured to 
be married if the proposed insured is legally married under the laws of 
                   any State, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equality in Insurance Act of 2015''.

SEC. 2. CONSIDERATION OF MARITAL STATUS IN INSURANCE UNDERWRITING.

    (a) In General.--In rating and underwriting any insurance policy 
offered by an insurer that takes into consideration the marital status 
of the proposed insured, the insurer shall consider the proposed 
insured to be married if the proposed insured is in a legal marriage, a 
civil union, or a domestic partnership with substantially the same 
legal obligations and consequences as a legal marriage under the laws 
of any jurisdiction (including any State of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, Guam, the 
Northern Mariana Islands, the Virgin Islands, American Samoa, or any 
foreign jurisdiction).
    (b) Right of Action.--Any person aggrieved by a violation of the 
requirement under subsection (a) may bring a civil action in a court of 
competent jurisdiction for damages resulting from the violation, and 
may obtain other appropriate relief, including equitable relief. If the 
plaintiff prevails in any such action, the court shall award the 
plaintiff any litigation costs reasonably incurred, together with 
reasonable attorneys' fees and reasonable expert witness fees, as 
determined by the court.
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