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Bill

HB 1809

Relating to prohibited insurance discrimination on the basis of an insured's marital status following the death of the insured's spouse.

89th Legislature (2025) Introduced by Ana Hernandez

Texas HB 1809 prohibits insurers from denying or changing coverage based on a surviving spouse's marital status change following their spouse's death.

Laid on the table subject to call
#discrimination(s0052) #insurance--general(i0445)
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Bill Summary · HB 1809

Legislative bill overview

HB 1809 prohibits insurance companies from discriminating against policyholders or denying coverage based on changes to marital status following a spouse's death. The bill prevents insurers from treating surviving spouses differently in pricing, underwriting, or policy continuation due to their changed marital status after experiencing spousal loss.

Why is this important

Surviving spouses often face insurance complications when renewing policies after a death, including potential rate increases or coverage denials based solely on marital status change. This bill addresses a practical gap where insurance practices could financially penalize grieving individuals during vulnerable periods, ensuring continuity of coverage during life transitions.

Potential points of contention

  • Insurance industry costs: Insurers may argue that marital status reflects legitimate actuarial risk factors (income changes, household composition) and that restricting discrimination on this basis could increase premiums for other customers
  • Scope clarity: The bill's definition of "discrimination" may be ambiguous—whether it applies to all insurance types (auto, home, life, health) and whether actuarial adjustments for legitimate risk changes (e.g., loss of dual-income household) constitute prohibited discrimination
  • Implementation challenges: Defining which rate changes are prohibited versus permitted could create compliance confusion and potential litigation over whether specific underwriting decisions violated the prohibition

Compiled from official sources — confirm details with the bill’s official record.

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