Alabama
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Banned (or effectively banned): none
Notes & Clarifications: none
Alaska
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Banned (or effectively banned): not-at-fault accidents
Notes & Clarifications: Rating prohibitions include the existence or driving record of a resident or relative properly excluded under AS 28.20.440(l); variables that cannot be reevaluated and/or which are fixed at new business inception. See Alaska’s Rates Checklist for additional details.[8]
Arizona
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
Arkansas
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
California
Allowed (with applicable limitations): driving experience, marital status, address/zip code
Prohibited (or effectively prohibited): gender, age, credit history, education, occupation, employment status, residential status, insurance history
Notes & Clarifications: California’s insurance commissioner banned gender as of January 2019. Occupation and education are permitted for use in group plans (i.e. for alumni associations and other membership programs).
Colorado
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: The permissibility of the above factors depends on a detailed review by the state’s department of insurance. The company must provide actuarial justification, and factors cannot be applied in a manner that results in an excessive or inadequate rate. Use of credit history must comply with the provisions outlined in Colorado Revised Statute 10-4-116. Rates may not be based solely on insurance history, gender, marital status, or age.[6]
Connecticut
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
Delaware
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
Florida
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
Georgia
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): occupation, education, and employment status
Notes & Clarifications: none
Hawaii
Allowed (with applicable limitations): address/zip code, insurance history
Prohibited (or effectively prohibited): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status
Notes & Clarifications: none
Idaho
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
Illinois
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
Indiana
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
Iowa
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
Kansas
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
Kentucky
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
Louisiana
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
Maine
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: Insurers must provide supporting data and methodology showing rates are actuarially justified and not unfairly discriminatory. Insurers may not refuse a policy solely because a driver has reached age 65. Age and length of driving experience must comply with limitations prohibiting policy cancelations, reductions, refusals, or premium increases for drivers of advancing age.
Maryland
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: Specific state restrictions apply for credit history, marital status, and age.
Massachusetts
Allowed (with applicable limitations): years of driving experience, address/zip code, insurance history
Prohibited (or effectively prohibited): gender, age, credit history, education, occupation, employment status, marital status, residential status
Notes & Clarifications: none
Michigan
Allowed (with applicable limitations): gender (group-rated policies), age, years of driving experience, credit history, education, occupation, employment status, marital status (group-rated policies), residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): gender (non-group policies), marital status (non-group policies)
Notes & Clarifications: Gender and marital status are permitted only in rate-making for group plans (i.e. for alumni associations and other membership programs). UPDATE: Michigan lawmakers approved a major insurance reform bill in May 2019 that will ban insurers in the state from using gender, marital status, address/ZIP code, residential status, education and occupation in rate setting. The ban will be enforced starting in July 2020. Insurers will be permitted to use “territory” as approved by the state regulators instead of zip code.[7]
Minnesota
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, marital status, address/zip code, insurance history*
Prohibited (or effectively prohibited): residential status, employment status
Notes & Clarifications: Insurance history may only be used if coverage was required by law.
Mississippi
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: Rating by address/zip code is allowed; however, rating practices can’t be unfairly discriminatory and must fully comply with Mississippi’s Competitive Rating Law criteria.
Missouri
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: Insurers must provide support to demonstrate that any variables, on their own or in concert with other variables, do not lead to rates that are excessive, inadequate or unfairly discriminatory.
Montana
Allowed (with applicable limitations): age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): gender
Notes & Clarifications: none
Nebraska
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
Nevada
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
New Hampshire
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
New Jersey
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
New Mexico
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
New York
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): occupation, education, employment status
Notes & Clarifications: none
North Carolina
Allowed (with applicable limitations): years of driving experience, credit history, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): gender, age*, level of education*
Notes & Clarifications: Age is permitted only when providing a discount to drivers age 55 and older. Credit may not be the sole criterion for terminating an existing policy, but it can be the sole criterion for discounted rates. Education is prohibited as a general regulatory policy. Specific state limitations apply for occupation and employment status.
North Dakota
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
Ohio
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
Oklahoma
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
Oregon
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: An option for non-binary drivers is required for gender.
Pennsylvania
Allowed (with applicable limitations): age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): gender
Notes & Clarifications: Credit may be used for new business and to discount rates at renewal, but not to increase rates at renewal. For marital status, widowed drivers maintain a lower “married” rate after the death of a spouse rather than moving to the higher “single” rate. Rates for other factors may not be excessive, inadequate, or unfairly discriminatory.
Rhode Island
Allowed (with applicable limitations): gender, age*, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: Age is permitted up to age 65. Drivers with no credit history must be treated as “neutral.”
South Carolina
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
South Dakota
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
Tennessee
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
Texas
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
Utah
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
Vermont
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
Virginia
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: Insurers using any criterion for pricing purposes (discounts, surcharges, tier level, etc.) must apply the criteria to all risks, not just to the same class of risks.
Washington
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
Washington D.C.
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
West Virginia
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
Wisconsin
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
Wyoming
Allowed (with applicable limitations): gender, age, years of driving experience, credit history, education, occupation, employment status, marital status, residential status, address/zip code, insurance history
Prohibited (or effectively prohibited): none
Notes & Clarifications: none
The Zebra contacted insurance regulators in each state and Washington D.C. to verify the above information. Updates are made as new laws and policies go into effect and are accurate to the best of our ability. (For clarifications, please contact us at research@thezebra.com.)