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New legislation to ban auto insurers from using gender to calculate premiums

The Delaware Senate has passed a bill prohibiting vehicle insurance companies from determining a driver’s rate based on their sex, gender, or gender identity.

SB 231 narrowly made it through the 21-member Senate with 11 votes; eight senators voted against it, and two abstained.

SB 231 was introduced in response to a report released last month by Delaware Insurance Commissioner Trinidad Navarro and the Consumer Federation of America, which found that a hypothetical 35-year-old woman might be charged up to 21% more for auto insurance than a male driver.

Republicans attacked the study because it only used a 35-year-old woman as a comparison and was based on price quotations rather than actual plans, according to Delaware Public Media. Democrats, on the other hand, said that statistics from nationwide insurance firms revealed that women in their 30s, 40s, and even 50s are charged more than men.

“How is it fair to charge a person for a service based on who they are rather than how they use or are likely to use the service?” Insurance companies prefer not to use race, sexual orientation, national origin, or religion in rating,” stated Delaware Senator and bill sponsor Kyle Evans Gay (D-Talleyville) (D-Talleyville). “For the same objective, there is no justification or fair reason to separate gender, sex, or gender identity.”

Following its passing in the Senate, SB 231 will be considered by the state House of Representatives.

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