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  • Title: Judge says ADA applies to insurance discrimination.
    Journal: AIDS Policy Law; 1997 May 16; 12(9):4-5. PubMed ID: 11364319.
    Abstract:
    For the third time in a year, a court has rejected the defense's case in insurance-related HIV discrimination claims. A Federal judge in California ruled that Prudential Life Insurance was potentially liable for its practice of not selling life insurance to anyone who is in a sexual relationship with an HIV-positive person. [Name removed] was turned down for a $500,000 variable appreciable policy after Prudential reviewed his medical records showing that he practices safe sex with a partner who is HIV-positive. In a request for summary judgement, Prudential argued that [name removed] had no standing to invoke the Americans with Disabilities Act (ADA). According to Prudential's interpretation, the ADA only applies to physical barriers to insurers' offices. A U.S. District Judge stated that this was too narrow an interpretation of the ADA. The judge also noted that a person who contracts HIV can live another 25 years and does not present an uninsurable risk for a life insurance company. The [name removed] ruling is the fourth such HIV-related case in which courts have rejected insurance companies' arguments that they are exempt from the ADA except for access to their offices.
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