Race Distinctions in American LawStephenson, Gilbert Thomas
History
Race Distinctions in American Law
Stephenson, Gilbert Thomas
African Americans -- Politics and government; Law -- United States -- History; United States -- Race relations
Five States—Connecticut,[292] Massachusetts,[293] Ohio,[294] New
York,[295] and Michigan,[296]—have deemed it necessary to pass laws
prohibiting any discrimination on account of race or color by life
insurance companies. All of the statutes are essentially the same. They
declare that no life insurance company shall make any distinction or
discrimination between white and colored persons wholly or partly of
African descent, as to premiums or rates charged for policies; nor shall
such company demand higher premiums from colored persons than from
whites of the same age, sex, general condition of health, and hope of
longevity; nor shall it make or require any rebate, diminution, or
discount upon the sum to be paid on the policy in case of the death of
the colored person. Such a company is forbidden to add any stipulation
by which the insured binds himself, his heirs, executors, assigns, etc.,
to accept any sum less than the face value of the policy. Massachusetts
provides that if a company refuses to insure a colored person making
application, it must, upon his request, give him a certificate of the
regular examining physician, saying that the refusal was not because the
applicant is a person of color, but solely upon the grounds of general
health and prospect of longevity as would be applicable to white persons
of the same age and sex.
The Connecticut statute enacts that any condition or stipulation in the
policy, inserted because of the color or race of the insured, shall be
void. Ohio provides that any corporation, or officer or agent of such
corporation, violating the provisions of its statute, shall be fined for
each offence not less than one hundred dollars nor more than two hundred
dollars, but that nothing in the act shall be construed as to require
any agent or company to take or receive the application for insurance of
any person. New York makes the violation of the law a misdemeanor
punishable by a fine of from fifty dollars to five hundred dollars.
Michigan goes a step further and declares that anyone violating the law
shall forfeit to the State five hundred dollars, to be recovered by the
attorney general, and that any officer or agent who violates it shall be
guilty of a misdemeanor and punished by imprisonment in the county jail
not over one year or by a fine of from fifty dollars to five hundred
dollars, or both.
Public-domain text, read in full here on John Shaqi.
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