SECTION 21.404. Underwriting

Availability of any policy may not be denied to an insured or prospective insured on the basis of sex or marital status of the insured or prospective insured. However, nothing contained in this section shall be construed to prohibit any insurance underwriter or insurance agent requiring the joinder of both spouses as a condition of issuance of any policy of insurance where such joinder is required by any provision of the constitution or laws of the State of Texas. Specific practices prohibited by this section shall include, but not be limited to, the following.

(1) No insurer may deny coverage to females gainfully employed at home, employed part time, or employed by relatives when that coverage is offered to males similarly employed.

(2) No insurer may deny policy riders to females when the riders are available to males.

(3) No insurer may exclude from prescription drug benefits oral contraceptives when all other prescription drugs are covered.

(4) No insurer may deny, under group policies, coverage to eligible husbands of female employees, when dependent coverage is available to eligible wives of male employees.

(5) No insurer may deny disability income policies to women employed in high risk classifications when coverage is offered to men similarly employed.

(6) No insurer may deny maternity benefits to insureds or prospective insureds purchasing an individual policy when comparable family coverage policies offer maternity benefits.

Source Note: The provisions of this §21.404 adopted to be effective January 1, 1978, 2 TexReg 2843.