Insurance Commissioner v. Equitable Life Assurance Society of the United States

ELDRIDGE, Judge.

The Insurance Commissioner held in this case, inter alia, that portions of Ch. 479 of the Acts of 1975, codified in Maryland Code (1957, 1994 RepL.VoL.), Art. 48A, §§ 223(b)(2), *601226(c)(2) and 234A(b), authorizing differentials in certain insurance rates and underwriting based on gender if actuarially justified, are unenforceable in light of Article 46 of the Maryland Declaration of Rights (the Equal Rights Amendment or “E.R.A.”). The Circuit Court for Baltimore City, in an action for judicial review of the Insurance Commissioner’s determination, reversed in part the…